A/71/298
the highest standards of professionalism and the use of fair and ethical practices that
demonstrably enhance the effectiveness of interviews a nd the elicitation of accurate
and reliable information. The protocol must also promote minimum standards and
procedural safeguards designed to prevent improper interviewing practices in
different investigative contexts. By drawing upon scientific research and
documented good practices, the protocol will enhance human rights compliance,
improve effective policing and help to keep societies safer.
26. The protocol must also emphasize States’ obligations to take measures to
incorporate relevant standards into their national systems, promote its use across
national institutions and provide training to relevant personnel, including
prosecutors, defence lawyers, judges, law enforcement, intelligence and military
officials and medical professionals.
27. The adoption and implementation of the protocol in national systems will
assist States in fulfilling key legal obligations relating to the questioning of persons
and the prohibition of torture and ill-treatment, by expounding and refining the
standards 9 that States must incorporate into national law and practice with regard to
the conduct of interviews, and when systematically reviewing their interviewing
rules, instructions, methods and practices, as mandated under international human
rights law (Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, art. 11).
Scope of the protocol
28. While recognizing that States face an array of challenges in successfully
combating and preventing mistreatment during questioning, the Special Rapporteur
insists that the future protocol be of universal application. Except for those lawful
limitations demonstrably required by the fact of detention and investigation, persons
questioned and/or deprived of their liberty unequivocally retain their non -derogable
human rights. The prohibition of torture or ill-treatment and the principle of humane
treatment of detainees are fundamental and universally applicable rules and cannot
be dependent on the material resources available to States (see A/68/295). It follows
that the set of minimum standards identified in the protoc ol should be applied, as a
matter of law and policy, to interviews conducted by all agents of all States.
29. Many safeguards against coercive and abusive questioning techniques can be
implemented with limited financial expenditure, in a cost -effective and sustainable
manner. Where necessary, however, the protocol may identify additional approaches
whereby States with limited material resources can guarantee effective and
meaningful implementation and ensure adequate protection against abuses.
30. The protocol must also acknowledge that the successful eradication of torture,
ill-treatment and coercion may require greater concerted efforts in some States,
especially in jurisdictions in which such practices are routine or systematic. In such
cases, it should underline States’ obligations to ensure the proper functioning of
their criminal justice system, in particular by taking effective measures to combat
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For example, Human Rights Council, resolution 31/31; European Court of Human Rights,
Beortegui Martinez v. Spain; European Committee for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment, second general report on the activities of the Committee
(CPT/Inf (92) 3); and Inter-American Commission on Human Rights, report on the human rights
of persons deprived of liberty in the Americas (OEA/Ser.L/V/II.Doc.64).
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