A/71/298 I. Activities of the mandate holder 1. The Special Rapporteur conducted a country visit to Mauritania from 25 January to 3 February 2016 and, together with the Special Rapporteur on the independence of judges and lawyers, a country visit to Sri Lanka from 29 April to 7 May. 2. During the week of 7 March, the Special Rapporteur presented several reports to the Human Rights Council, participated in side events and held bilateral meetings with several permanent missions and civil society organizations. 3. On 19 April, the Special Rapporteur appeared before the Senate in Mexico City and met parliamentarians and officials from the Ministry of Foreign Affairs to discuss legislation on torture. 4. On 7 and 8 July, the Special Rapporteur held expert consultations on the topic of the present report, with the support of the Anti-Torture Initiative. II. Universal protocol for interviews1 A. Torture, ill-treatment and coercion during interviews 5. Law enforcement officials 2 and other investigative bodies, including intelligence and military services, play a vital role in serving communities, preventing crime and protecting human rights. In performing their duties, they are obliged to respect and protect the inherent dignity and physical and m ental integrity of all persons under questioning, including suspects, witnesses and victims (see Human Rights Council resolution 31/31). 6. The right to be free from torture and ill-treatment is a rule of customary international law and a peremptory jus cogens norm of international law applying to all States. It is codified in international and regional treaties and national legal systems globally; it constitutes a grave breach of the Geneva Conventions of 1949 and a violation of common article 3 and of customary international humanitarian law; and it can constitute a crime against humanity or an act of genocide under international criminal law. The obligation to prevent torture and ill -treatment applies __________________ 1 2 16-13568 The Special Rapporteur recognizes that in some jurisdictions the word “interrogation” is used to refer to interviewing during criminal investigations and employed in a neutral manner that does not necessarily connote coercion. In the present repor t, the word “interview” has been chosen deliberately, given that it encompasses the questioning of suspects, witnesses and victims alike. The word further emphasizes the non-adversarial, rapport-based nature of the interview with a suspect, one that first and foremost attempts to make the presumption of innocence operational and suggests a model of criminal investigation that is more likely to be effective in preventing any form of coercion and also be more effective in solving crimes. Throughout the report , the words “interview” and “questioning” are used interchangeably. The Special Rapporteur uses the term “law enforcement” to refer to traditional law enforcement agencies mandated with police powers, such as arrest, questioning and detention. In jurisdictions in which police powers are also exercised by military or intelligence services, the term “law enforcement officials” is understood as being inclusive of military and intelligence personnel. The Special Rapporteur explicitly references military and intelligence agencies when they wield powers of apprehension, detention and questioning outside the national law enforcement context, such as during military or intelligence operations, including in armed conflict. 3/25