Norway: from interrogation to investigative interviewing
Norway has adapted the PEACE model of investigative interviewing first developed in the early 1990s in
Britain in response to a number of documented forced confessions and wrongful convictions. The “investigative
interviewing” model provides for non-coercive interviewing that is designed to promote accurate memory
retrieval and lessens the drawing of premature conclusions based on assumptions about guilt or innocence.
Norway has trained its police in investigative interviewing and has used it successfully to investigate and
prosecute crimes for several years, including in terrorism cases.
PEACE stands for:
Planning and
Engage and
preparation
explain
Account
Closure
Evaluation
Judicial Oversight
Being brought promptly before a judge or other judicial officer after arrest is a basic right protected in
international human rights law and is a common State practice. In presenting a detainee physically before a judge,
the judge may assess the legality of the detention and see if there are visible signs of torture or ill-treatment, ask
the detainee how he or she has been treated, critically examine detention records for gaps or inconsistencies, and
consider allegations made by the detainee. Judges have a duty to refer a case of suspected torture or ill-treatment
to the competent authority for investigation where there are reasonable grounds to believe an act of torture or
ill-treatment has taken place.
In 2016, the UN Special Rapporteur on torture recommended that persons held on criminal charges must not be
held by investigative authorities for more time than absolutely necessary to hold a judicial hearing and obtain a
judicial warrant for pre-trial detention, and many States have set in law the maximum period allowed for police
detention before being brought before a judge, as 24 or 48 hours (with exceptions).
Brazil: new system of custody hearings
Custody hearings were introduced in the Brazilian city of São Paulo as a pilot project in 2015, as a result of
collaboration between the Brazilian National Judicial Council (CNJ), the Ministry of Justice and a civil society
organisation. Since the pilot, custody hearings have been introduced in the state of Rio de Janeiro and other state
capitals across Brazil.
At a custody hearing, persons arrested in the course of committing a crime are brought before a judge within 24
hours. The judge hears from the detainee and decides whether to hold the person in pre-trial detention before
trial. The judge also reviews the legality of the arrest, how the arrest took place, and considers any force used or
allegations of abuse.
Early results from the pilot custody hearings procedure are promising. Many judges require training on the new
hearings, but civil society report that the procedure saw detainees being given advice by a lawyer sooner and that
the physical presence of detainees in front of a judge made torture and ill-treatment much more detectable.
Chile: judges monitor and enforce detainee rights
To ensure effective judicial oversight after years of a military dictatorship, Chile took the step to make judges
responsible for the detainees’ bodily integrity in Law No.19.047, adopted in 1991. Subsequent reforms to criminal
procedure introduced a Procedural Guarantee Judge to monitor and enforce detainees’ rights in detention. The
TOOL: Safeguards in the first hours of police detention
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