Part 3 95 In many police forces, a culture has existed whereby the sole and main objective of questioning was to extract a confession from the suspect. Frequently, the fact that a suspect may be innocent of any involvement in terrorismrelated offences has been ignored. This has led to grave abuses, sometimes including the deaths of suspects. Police officers participating in such illegal practices often do so because they believe, in good faith, that the suspect is guilty and that the only way of proving this and of obtaining a conviction is to persuade him or her to confess. When the suspect is unwilling to do so, threats and/or physical ill-treatment, sometimes amounting to torture, may be inflicted. In some police forces, resorting to torture and ill-treatment is both systemic and systematic. Such practices cannot be justified under any circumstances, including in the anti-terrorism context, and constitute violations of the prohibition of torture and other cruel, inhuman or degrading treatment. Case Study – Treatment in police custody* X is identified by a detainee as being a member of a terrorist organization, and is subsequently taken into custody. He is detained for days. During this period, X is allegedly blindfolded during interrogation; suspended from his arms, which are tied together behind his back; given electric shocks, which are exacerbated by throwing water over him; and subjected to beatings, slapping and verbal abuse. This treatment is inflicted on him in order to persuade him to confess that he knows the detainee who identified him. After his release, X has lost movement in his arms and hands, and medical reports attest that his condition is consistent with the treatment he allegedly suffered while in custody. Question: Does the treatment of the suspect amount to torture? If an individual is taken into custody in good health, but is injured at the time of release, it is the police’s responsibility to provide a plausible explanation as to what caused the injury. If they fail to do so, there is a strong presumption that the individual was ill-treated by the police.

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