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54. As a matter of best practice, interviewers are encouraged to proceed, when
necessary, with probing questions designed to elicit information that will test all
possible alternative explanations identified during the preparation of the interview.
Strategic probing and disclosure of potential evidence allows officers to explore the
interviewee’s account in depth before proceeding to the next topic, helping to ensure
that the presumption of innocence is respected while strengthening the case against
a guilty suspect by preventing the subsequent fabrication of an alibi. 16 Although
interviewers may be persistent with their line of questioning when probing the
interviewee’s account, questioning must never become unfair or oppressive.
55. The same guiding principles should apply to interviews of witnesses, victi ms
and other persons in the criminal justice system. The protocol must additionally
regulate objective, fair, human rights-based, non-coercive and rapport-based
intelligence interviews during intelligence and military operations. Research and
experienced practitioners agree that ethical information-gathering approaches
similar to those employed in the criminal justice system lead to greater information
gains and offer a more effective model than coercive intelligence interviewing.
3.
Training and change in culture and mindset
56. The questioning of persons is a specialist task that requires specific training in
order to be performed successfully and in accordance with the highest standards of
professionalism. The protocol must insist on the importance of adequate and regular
training for law enforcement and other personnel involved in the questioning of
persons (see A/HRC/4/33/Add.3 and CAT/C/USA/CO/2).
57. The training of interviewers encompasses several components, beginning with
effective training in international human rights law, including the prohibition of
torture, ill-treatment and other form of duress; 17 where applicable, training on the
Geneva Conventions should also be provided. Training should include but not be
limited to theoretical knowledge about international and national standards and
guidelines relating to questioning, in addition to practical information, preparation
and practice in the steps of investigative interviews and exercises designed to
facilitate skills development. The use of scenario -based exercises and the recording
and review of interviews constitute best practices in this respect. References to
empirical and scientific evidence on the unreliability and counterproductiveness of
torture and coercion will also help to effect the needed change in mindsets and
interviewing culture. Underlining the adverse impact of mistreatment on memory
retrieval would be especially beneficial. Training should also include awarenessraising activities on effective protection of and adaptation to the specific needs of
vulnerable persons.
58. States must further ensure that supervisors, judicial officers, prosecutors and
medical personnel are also trained on international standards relating to the
prohibition and prevention of torture, human rights-compliant interviewing
techniques and the duties to report, effectively document and investigate allegations
of torture and ill-treatment. Raising awareness among all personnel directly or
__________________
16
17
16-13568
See Ivar A. Fahsing and Asbjørn Rachlew, “Investigative interviewing in the Nordic region”, in
International Developments in Investigative Interviewing , Tom Williamson, Becky Milne and
Stephen P. Savage, eds. (Cullompton, United Kingdom, Willan, 2009).
See the report of the Inter-American Commission on Human Rights on the human rights of
persons deprived of liberty in the Americas (OEA/Ser.L/V/II.Doc.6 4).
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