A/71/298 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). 15/25

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