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Resource book on the use of force and firearms in law enforcement
8.4. Measures to prevent coercion, ill-treatment and torture
during a suspect interview
Using force to get a confession
International law prohibits coerced or forced confessions. In addition, violence, threats and
undue pressure violate human rights and may produce false information or false confessions.
Article 14 of the ICCPR guarantees the right not to be compelled to testify against oneself
or to confess guilt. Principle 21(2) of the Body of Principles for the Protection of All Persons
under Any Form of Detention or Imprisonment also prohibits violence or threats during
interrogations. In addition, information or evidence obtained through torture or ill-treatment
cannot be used before a court and jeopardizes the fairness of the trial. For this reason, use
of force with the purpose of obtaining information does not pursue a legitimate law enforcement
objective. Such use of force is frequently employed with the aim of intimidating, punishing
or humiliating the subject and as such can further amount to torture or other ill-treatment.
Apart from not being in line with international norms and standards, such practices are also
widely considered ineffective and harmful: they bear severe negative psychological consequences
not only for the subject of the interrogation, but also the interrogators. Moreover, obtaining
information through such methods undermines the reliability of the information and dramatically reduces the likelihood that the subject will willingly cooperate in the future.
An effective interrogation, but also an effective witness interview, requires proper preparation,
based on the information that has come out of the criminal investigation. Threatening a suspect
with deprivation of food, water or sleep is prohibited, as is the threatening of family members.
Exceptionally long interrogations should also be avoided, and it is good practice to allow the
suspect the same amount of rest as the interrogators have.
Enhancing the tools and skills of law enforcement officials to acquire forensic information that
may be used as evidence in trial is an important means for reducing reliance on information
from interviews and interrogations.
In order to prevent torture or other ill-treatment or other violations of rights, the legal counsel of
the suspect should be allowed to be present during all interrogations; the interviewing authority
should document clearly that the detained person is not ill-treated;295 and interrogations should
be recorded, preferably with a video recorder but at least with an audio recorder,296 and submitted to the tribunal for scrutiny. The cameras help to prevent abuse, while at the same time they
protect law enforcement officials against false accusations of abuse.
The time, place and duration of all interrogations, and the intervals between interrogations and
when the suspect was provided with food and drinks, should be recorded, together with the
names of the officials who conducted the interrogations and all those present. This information
must be accessible to the affected person or his or her counsel, and should also be available for
295
Impugned evidence should be excluded unless the State can demonstrate that it was collected lawfully. The
State might satisfy this burden by documenting the heath of the detained person before and after the interview, or
by submitting evidence to show that the person was not mistreated.
296
See Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment, A/HRC/22/53/Add.2, 28 Feb 2013, para. 44.
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