A/71/298
37. As a rule of general application, all States must refrain from using any type of
coercion when questioning persons under any form of detention. International law
acknowledges the need for special protection for all detained persons, who, during
questioning, must not be subjected to violence, threats or practices that impair their
capacity of decision or their judgment or force them to confess, incriminate
themselves or testify against another person (Body of Principles for the Protection
of All Persons under Any Form of Detention or Imprisonment, principle 21).
38. In situations of armed conflict, the use of torture or any other form of coercion
against prisoners of war to extract any type of information from them is strictly
prohibited. Those who refuse to provide information cannot “be threatened, insulted
or exposed to unpleasant or disadvantageous treatment of any kind ” (Geneva
Convention relative to the Treatment of Prisoners of War, art. 17). Physical or moral
coercion against protected persons for any purpose, in particular to extract
information from them or from third parties, is also forbidden (Geneva Convention
relative to the Protection of Civilian Persons in Time of War, art. 31). In situations
in which persons face criminal prosecutions, the Geneva Co nventions and
Additional Protocols I and II thereto also provide for the right not to be compelled
to testify against themselves or to confess guilt, both during international and
non-international armed conflicts (Geneva Convention relative to the Treatme nt of
Prisoners of War, art. 99; Protocol I, art. 75; and Protocol II, art. 6). This must also
be understood as the absence of any moral or physical coercion in order to induce
them to confess. In situations other than the aforementioned, the prohibition o f
coercion during questioning should apply as a matter of policy, irrespective of the
international or non-international character of the conflict and of the status of the
person questioned.
39. Accusatorial models of questioning tend to be confession driven and
characterized by a de facto presumption of guilt and the use of confrontation and
psychological manipulation. Common manipulative techniques are coercive in
nature and likely to impair the free will, judgment and memory of interviewees.
Threats, inducements, misleading practices, protracted or suggestive questioning
and the use of drugs or hypnosis are examples of problematic practices. Demeaning
or condescending comments or accusations based on individual qualities or cultural
identities are also of concern.
40. Inducements may consist of promises of immunity or lighter sentences in
exchange for confessions. Misleading practices include the use of trickery or
deception, including by presenting false evidence, confronting persons with false
witnesses or leading one to believe that his or her co-defendants have confessed.
These methods are improper because they ultimately deprive a person of his or her
freedom of decision through the use of false representations (see E/CN.4/813 and
Corr.1). Techniques designed to minimize or maximize the suspect ’s perceptions of
responsibility or blame, including implicit promises of leniency and presentation of
false evidence, claims or insinuations about the existence of evidence against him or
her, also increase the likelihood of false confessions.
41. Protracted or suggestive interviews, wherein persons are questioned for
extended periods without sufficient rest or asked confusing, ambiguous or leading
questions with great intensity (see ibid.), are likely to become coercive and
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