reflects the diversity of the population.8 In this connection, adequate remuneration of police officers is an important tool to attract the best candidates and retain
highly competent staff. The development of appropriate police education, initial
preparation and ongoing training in the application of human rights standards,
national norms and safeguards are also key to improving police practices. In the
CPT’s experience, professional policing goes hand-in-hand with adequate training
on the use of force in compliance with the principles of lawfulness, necessity and
proportionality. Training should also provide opportunities to acquire appropriate
investigative skills, taking due account of the age, gender, state of health, any disability
or any other circumstances which may render certain persons under investigation
particularly vulnerable. Moreover, no significant change can be expected without
strong police leadership and management which scrupulously supervise the observance of procedural safeguards and convey firm and unambiguous messages of zero
tolerance of police ill-treatment. Greater police accountability is indeed a crucial
factor. Police officers should always be identifiable9 and clear reporting procedures
and “whistle-blower” protective measures should be put in place. Any allegation or
other information indicative of police ill-treatment should be effectively investigated
and any perpetrators of police ill-treatment be brought to justice.10
72. Last but not least, the setting-up and development of effective – internal and
external – monitoring mechanisms, in particular national preventive mechanisms
(NPMs) established under the Optional Protocol to the United Nations Convention
against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
(OPCAT), can contribute to a significant change in police culture.
Investigative interviewing – a paradigm shift
73. In countries where the CPT receives allegations of torture and other forms of
ill-treatment in the context of police interviews, the Committee generally finds that
criminal investigations are too often geared towards the objective of obtaining confessional evidence or other information. In criminal justice systems that place a premium
on confessions, the risk of ill-treatment and other unlawful action in the context of
police interviews is increased. Indeed, the focus on confessional evidence has led to
wrongful convictions. Moreover, in a few countries it has become apparent that key
performance indicators for police officers are heavily based on high “clear-up” rates,
which may have a negative effect on police behaviour when carrying out interviews.
74. Since its inception, the Committee has placed particular emphasis on the
development of clear rules or guidelines on the carrying out of police interviews.
More specifically, the CPT has repeatedly stressed that the aim of police interviews
must be to obtain accurate and reliable information in order to seek the truth about
matters under investigation and not to obtain a confession from a person already
8. See in particular General Policy Recommendation No. 11 of the European Commission against
Racism and Intolerance (ECRI) on combating racism and racial discrimination in policing.
9. For instance, members of specialised police forces and uniformed police officers should always
wear a clearly distinctive insignia and a prominent identification number on the outside of their
uniform/on their helmet.
10. See, in this respect, the 14th General Report of the CPT: CPT/Inf (2004)28, paragraphs 25 ff.
Page 32 ►General Report of the CPT, 2018
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