A/71/298
in fundamental principles of international human rights law and foremost in
the absolute prohibition of torture and ill-treatment. The first step in this
process ought to be the convening of a broad public consultation designed to set
the parameters for the collaborative development of the protocol by the
relevant stakeholders.
102. The model promoted by the protocol must promote effective, ethical and
non-coercive interviewing and be centred on the principles of presumption of
innocence and the pursuit of truth. By moving away from accusatory,
manipulative and confession-driven techniques to an investigative interviewing
model, States will enhance not only the human rights compliance of their
questioning practices, but also their effectiveness in solving crimes and keeping
societies safe.
103. The protocol ought to elaborate on a fundamental set of standards and
procedural safeguards designed to protect the physical and mental integrity of
all persons during questioning. In this respect, the Special Rapporteur calls
upon States to consider adopting the elements considered herein (without
prejudice to other elements suggested by experts and stakeholders), which
should apply, as a matter of law and policy, at a minimum, to all interviews by
law enforcement officials and other intelligence, military and administrative
bodies with an investigative mandate, as well to those conducted by private
contractors and other proxy agents of the State. The protocol should also
provide for accountability mechanisms and appropriate remedies for victims.
16-13568
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