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Part 3
• The fact that a suspect does not confess does not negate the value of
the interview. Depending on the laws of evidence and criminal procedure
applicable in the jurisdiction, lies, evasions or a failure to explain or to
contradict facts can be just as damning to a suspect as a full confession.
Allowing the interviewee to spin these lies and evasions is not a waste of
time; and
•
Where video or audio recording facilities exist they should be used,
without exception, to protect both the suspect and the police in the same
way as the presence of a lawyer does. Confessions or other significant
statements made by the suspect that are recorded in this way cannot later
be denied in court.
Training in interview techniques, such as the PEACE Interview Model detailed
in section 2.1.1 of the manual, benefit the effectiveness of police interviews
and enhance the human rights of terrorism suspects. Investigators and those
who assist them should receive comprehensive training – backed up by regular
refresher training – in general investigation techniques, including the interviewing of witnesses, the gathering of physical evidence and the packaging and
handling of forensic exhibits, with an emphasis on ensuring the continuity of
the evidence chain. Any improvement in dealing with witnesses and forensic
evidence will reduce the reliance on obtaining confessions for the purpose of
securing convictions.
3.6 Prolonged Detention and Additional Questioning of
Suspects
In principle, the maximum length of initial police detention should be of
short duration, no more than two or three days. Although it has not been
uncommon in terrorism-related investigation to extend the periods of detention, either before or after charges are brought against a suspect, this must
be strictly defined in domestic legislation, in compliance with international
human rights standards. Such extended periods of detention usually take
place in police stations, but sometimes also in special police detention facilities or in so called “investigative isolators” used in some OSCE participating
States. These are usually manned by prison staff, but allow police and criminal investigators easy access. Both extended detention pending trial and the
ease of access that the police may have to detainees can give rise to specific
human rights concerns.
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