Australia: supervised telephone call
In Australia, Part IC of the Crimes Act 1914 (Cth) provides a legal framework for a number of important
safeguards, including a right of the detainee to inform a relative or friend of his or her whereabouts. This is
typically achieved with the detainee making a telephone call in the presence of a police officer.
Hungary: enabling family notification
Police in Hungary overcame the practical challenge that many detainees do not remember the telephone number
of their family by inviting the detainee to find it on their mobile phone. If the family member or third person does
not answer their phone, or if there is no phone number, a police officer is sent to deliver notification in person.
The fact of notification is recorded in a form which is signed by the detained person. Although the law in Hungary
requires police officers to notify family only within 24 hours of arrest, the notification generally takes place shortly
after detention.
Kosovo: no reason for delay of notification in cases of juveniles
Juveniles that are detained by the police require particular care. In Kosovo, the police are under a legal obligation
to immediately notify a family member or, if a family member is not available, contact the national Centre for
Social Work on the arrest of a child. Due to the special vulnerability of juveniles, the law provides that under no
circumstances may notification be delayed for the purpose of an ongoing investigation. The law has been well
implemented in practice: in 2016, a report by the European Committee for the Prevention of Torture commended
the fact that a family member or the Centre for Social Work is always informed promptly following the arrest of a
juvenile.
Audio and video recording of interrogation
Recording of police interrogations acts to deter police from
using violence, coercion, or other forms of ill-treatment in
securing a confession. Recording also protects police against
false accusations of abuse or intimidation, and operates
as a robust piece of evidence of the interview and the
information divulged. Accompanying its use, clear and proper
management processes should provide for access, storage,
and destruction of recordings and data.
“
Video recording of interrogations helps
protect the rights of suspects in the
incidence of forced confessions since many
government staffers are eager to quickly
finish the case. The measure would help
avoid unjust, false and wrong charges.”
Professor Su Wei, Chongqing Municipal
Committee, CPC, PR China, 2017.
Where audio or video recording is used, good practices encourage that the recording starts at the beginning of
the interview, that all persons present are identified, along with the time and location of the recording, and that
the interview is properly recorded in its entirety, including any breaks being noted. If recording is discretionary
or incomplete, a risk remains that police abuse will simply shift to moments and areas not covered by these
technologies (“blind spots”), and that incriminating recordings are lost or deleted.
Certainly, audio and video recording of interrogations implies some financial costs, although the wide availability
of different forms of cheap technology with video or audio recording possibilities makes this safeguard much
more accessible than in the past. States using such technologies have also indicated that any costs are recovered
through the time saved by police and judiciary in administration and court processes that are no longer needed.
TOOL: Safeguards in the first hours of police detention
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