130
Resource book on the use of force and firearms in law enforcement
8.3. The suspect interview
An investigative method where the likelihood of abusive use of force, and of torture or other illtreatment, is high, is the suspect interview, where the suspect is asked to give their statement. In
many countries police officers and some sections of the public believe that the use of force or
threat thereof is an acceptable means of extracting information. This is wrong and a violation
of international norms and standards. A law enforcement agency that tolerates abusive use of
force, torture or ill-treatment also diminishes its own effectiveness and precludes the professional
investigation of crimes based on forensic science, intelligence analysis, and checking every lead.
CONFESSION-ORIENTED INTERROGATIONS
In many countries, when there is reason to believe a crime has been committed, law enforcement
officials quickly identify a presumed offender and take him or her to the police station for interrogations. Lacking adequate information, as there has been no investigation, they have little to confront
the suspect with, other than, indeed, force. The interrogation that follows is often confession‑
oriented, as confession is seen as the quickest way to ensure a conviction. This is not only ineffective
from a law enforcement perspective; it also raises the risk of human rights violations. To avoid this, law
enforcement officials should receive training on how to conduct a criminal. investigation professionally
and in accordance with international norms and standards.a
a
For more information on human rights compliant investigation procedures, see OHCHR, Human Rights and Law Enforcement, A Manual on Human Rights Training for Law Enforcement Officials, 2017, chapter 8 (Human Rights and Investigations).
Prior to the interview, the suspect is often arrested, but this does not have to be the case. An arrest
can also take place during the suspect interview, or can be postponed until after, or may not take
place at all. It can also happen that during the interview a witness becomes a suspect. Where this
happens, law enforcement officials should inform this person at once of their new status as a suspect, and inform them of their rights. Also, at this moment it may be decided to arrest the person.
The only legitimate objective of a suspect interview should be to help establish relevant facts
and collect information. This may involve a confession but this need not be the case, as indeed,
the suspect may be innocent, or may decide to invoke his or her right to remain silent. After
having given the statement, it is important to seek corroboration of what the person has said.
For example, if a suspect has said she was with a certain person, that person should be located
in order to confirm the statement.
A suspect should never be forced to answer questions or to incriminate him or herself. It is
important for the law enforcement officials involved to restrain their own emotions when a suspect refuses to confess or otherwise cooperate, as any use of force, whether to extract information or to punish the suspect, would be in violation of international norms and standards, and
may render any information that has been collected as a result of such use of force, inadmissible
in court. Yelling at the suspect or insulting him or her may not necessarily be unlawful, but is
unprofessional and should be avoided. Violence, threats and undue pressure not only violate
human rights but may also produce false information or false confessions. 288
288
Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment,
2016, (A/71/298), para. 19.
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