Part 3 115 used, subtly or unsubtly, as an inducement to confess. This gives rise to the potential risk of a confession being ruled inadmissible at a subsequent trial, on the grounds that it was only made in order to obtain some benefit and, thus, is unreliable. There is the potential that extended periods of confinement will give rise to “Stockholm Syndrome”.133 The detainee may come to depend on the investigators as the only regular contact they have with people other than their lawyer. Often investigators authorize and/or dictate the level and frequency of contact with the lawyer. This will especially be the case when a detainee is frightened, anxious or feels powerless and believes that the investigator is solely responsible for his or her basic needs and well-being. He or she may feel indebted to the investigators whenever some small favour is done, such as the granting of an extended exercise period or the supply of reading material, and feel the need to comply with their wishes. Where this happens, the reliability of any confession or information obtained must be in doubt.134 3.6.2 Additional Questioning of Suspects Remanded to Prison Custody There will be times when it is desirable to interview a detainee who is in pretrial detention – or even a convict who is serving a term in prison – about serious terrorism-related offences. As a matter of general principle, it is preferable for the investigators to go to the pre-trial detention centre or to the prison where the suspect is being held. Occasionally, however, it may be necessary to transfer the suspect to a police station or other police detention facility. Lengthy interviews or particular procedures, such as identification parades or confrontations, may be more easily carried out in police premises. Whether the interviews take place in pre-trial detention, prison or at the police station, the access of the detainee to legal counsel of his or her choice should be guaranteed. When such circumstances arise, it is good practice for the transfer to be authorized only at the request of a prosecutor or of a senior police officer, and it is essential that all of the safeguards that would apply in normal police custody also apply in these circumstances. Thus, the suspect will have the same 133 This was originally used to describe behaviour in a hostage situation in which some hostages begin to identify with their captors and to develop strong positive feelings for them. 134 Karl A. Roberts, “Police Interviews with Terrorist Suspects: Risks, Ethical Interviewing and Procedural Justice”, The British Journal of Forensic Practice, Vol. 13, No. 2, 2011, pp. 124–134.

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