Guidebook
MONITORING PLACES OF DETENTION
detainee who could not consult and his lawyer properly because due to a
Plexiglas between them they could not hear each other, or because they
could not exchange documents because the openings serving this purpose were welded.
4.4.
Interviewing detainees
Interviews with detainees are key sources of information with regard to the
rights of suspects and accused. Over the course of the project, monitoring
bodies raised some concerns in this regard.
It was highlighted that procedural safeguards in early hours of detention
are more difficult to monitor in practice, compared to prisons conditions.
In police stations, the population is continually changing and, therefore,
monitoring can be challenging.363 For these reasons, some monitoring
bodies said they would interview the suspects, only if they are present at
the police station during their visits.364
However, monitoring bodies can overcome this situation by conducting
retrospective interviews with persons in pre-trial detention (remand
custody) or in prisons about their experience in police custody. A CPT
representative confirmed that it is true that it may be difficult to monitor
police custody because often detainees are held in police stations only
for a very restricted period of time, but also added that CPT overcomes
this issue in two main ways: by interviewing people in remand custody
about their experience in police custody; and by using good interviewing techniques, e.g. avoiding leading questions, but starting with open
“chronological questions” (e.g. “can you tell us what happened when you
have been arrested”), and only at the end, if information are missing, asking further specific questions.365
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agreement was reached to conduct interviews with pre-trial detainees in
JA Josephstadt in the area where detainees would normally receive their
visits. The interviews dealt with the arrest and earlier phases of their
detention. They were cross-checked with protocols and ‘Haftberichte’ in
their JA files. However, this activity was not further pursued after the
NPM was established.
The key advantage of retrospective interviews with detainees in pre-trial
detention or prison is that the risk of reprisals is lower.
‘It is not just “knowing about the right” it is also about “having the confidence to speak about it”. When people are in prison, they are more ready
to speak about the time of their arrest, because they do not fear reprisals
from police officers. But if asked about it at police stations they might not
speak about it.’
Richard Carver, 1 September 2019
Other monitoring bodies, given the limited number of detainees in police
stations during the day, have taken the approach of conducting night
visits to police stations (e.g. Croatia).
4.5.
Triangulation: combining different sources and methods
When monitoring procedural rights monitoring bodies should have a
strong focus on cross-checking information and on substantive questions
and depart from only formalistic approaches.367
Austria
To make sure that findings are reliable, monitors should cross-check different sources of information according to the principle of triangulation,
including for example direct observations made by the team during the
visit, information received through interviews with the authorities, staff
and professionals taking care of the persons deprived of their liberty.368
Retrospective interviews with pre-trial detainees were conducted by
the former Austrian Human Rights Advisory Council of the AOB (Menschenrechtsbeirat). In the interviews, the HRAC addressed specifically
the arrest and all earlier phases of the detention.366 At the time, a special
While interviews with detainees and staff in charge of their care remain an
important source of information, a thorough assessment of the practice of
police and pre-trial detention requires information to be gathered from a
broad range of stakeholders and methods.
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