A/71/298 law. 10 The humane treatment requirements under the Convention against Torture (and customary international law) and international humanitarian law are substantially equivalent; the obligations relating to the prohibition and prevention of torture and ill-treatment in international and non-international armed conflicts are the same, with common article 3 of the Geneva Conventions constituting a minimum baseline of protection applicable at all times (see A/70/303). Most guiding principles, standards and procedural safeguards applicable to interviews conducted in the traditional law enforcement context must be applicable, as a matter of law or of best practice, during interviews conducted in times of war. 34. The standards and procedural safeguards mentioned herein must be guaranteed in law and practice during all interviews by law enforcement agents and other investigative bodies, including intelligence and military services, and must also apply to private contractors and all persons who act, de jure or de facto, on behalf of, in conjunction with or at the behest of the Sta te, under its direction or control or otherwise under colour of law (see Committee against Torture, general comment No. 2 (2008) on the implementation of article 2 by States parties). III. Elements of a universal protocol for interviews A. Alternative model of investigative interviewing 1. Legal framework against coercive questioning and techniques 35. The protocol must provide detailed guidance on the purpose and parameters of a human rights-compliant interviewing model that promotes a human rights-based approach, enhances the professionalism and effectiveness of law enforcement and other State agents and is premised on the aim of ensuring that all interviews are conducted without resort to torture, ill-treatment or coercion. 36. Persons interviewed in connection with their alleged role in a criminal offence must not be compelled to testify against themselves or to confess guilt (International Covenant on Civil and Political Rights, art. 14 (3) (g)) and investigating authorities may not resort to “any direct or indirect physical or undue psychological pressure ” to induce confessions (see Human Rights Committee, general comment No. 32 (2007) on the right to equality before courts and tribunals and to a fair trial (article 14 of the International Covenant on Civil and Political Rights)). Accordingly, the prohibition of torture and ill-treatment is complemented by the prohibition of any form of coercion during the questioning of suspects. The Rome Statute of the International Criminal Court likewise prohibits “any form of coercion, duress or threat” during investigations (art. 55). The protocol must expressly recognize this prohibition and extend it to interviews of witnesses, victims and other persons in the criminal justice system. __________________ 10 10/25 Accordingly, civilian internment during both international and non -international armed conflict must remain exceptional, limited in time and accompanied by procedural safeguards akin to those described in paragraph 29 (see Human Rights Committee, general comment No. 35 (2014) on liberty and security of person (article 9 of the International Covenant on Civil and Political Rights); and Geneva Convention relative to the Protection of Civilian Persons in Time of War, arts. 42 and 78). 16-13568

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