110
Human Rights in Counter-Terrorism Investigations
• They must also be fully familiar with what is known about the
interviewee’s suspected role in the crime. This means that they have
to take time to prepare by reading intelligence reports and witness
statements, and by ensuring that they are properly briefed. It can be an
embarrassing and significant setback to the progress of an interview if
a suspect realizes that the interviewing officers are not entirely familiar
with their brief and that he or she, therefore, has the upper hand;
•
If the suspect is a female or a minor, it may be advisable for at least one
of the interviewing officers to be female, although this is not a default
rule and the relevance of doing so should be assessed on a case-bycase basis. Cultural factors existing in the jurisdiction or pertinent to
the suspect should be taken into account here. In the case of a minor or
other vulnerable person, such as someone who is mentally ill, a parent or
guardian or other adult independent of the police should also be present
to protect their interests;
•
If the suspect is a member of an ethnic minority, it may be advisable for
at least one of the interviewing officers to be from the same minority,
so as to contribute to greater confidence and relationship-building. The
particular circumstances of the case have to be taken into consideration
before deciding to proceed in this way;
• The interviewing officers must also have undergone training programmes
to raise their awareness of the different needs of men and women, as
well as to sensitize them to the specific social, cultural and religious
background of the person they will interview;
•
Before starting the interview, the interviewing officers must have a plan
for how they are going to conduct it. This involves more than simply
deciding who will ask which questions, but must extend to the topics they
intend to deal with in the interview. Not every element of the terrorismrelated offence or the interviewee’s suspected role in it has to be dealt
with at the same time, and focussing on just one aspect in an interview
can be an effective tactic;
• The plan must anticipate the likely reaction of the suspect. What are
law enforcement officials going to do if he or she refuses to answer
questions from the outset? What are they going to do if he or she refuses
to answer any more questions after a particularly difficult question or an
overwhelming piece of evidence has been put before him or her? What are
they going to do if the lawyer intervenes? What are they going to do if he
or she puts forward an unexpected defence?;
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