A/71/298
constitute ill-treatment and may induce sleep deprivation, impaired decision -making
and a desire to admit anything in order to bring the questioning to an end. 11
42. Coercive techniques, even when not amounting to torture or ill-treatment, are
means to the same ends, administered by State agents to confirm their presumption
of guilt. They are likely to produce faulty information and give rise to conditions
conducive to the use of torture or ill-treatment. Strengthening protection against
coercive questioning methods and championing an interviewing model based on the
principle of presumption of innocence are accordingly key to preventing
mistreatment during questioning and enhancing authorities ’ effectiveness.
43. It is well established that the term “cruel, inhuman or degrading treatment or
punishment” must be interpreted to extend the widest possible protection against
abuses (see the Body of Principles). When persons are deprived of liberty, the
prohibition of torture and ill-treatment overlaps with and is supplemented by the
principle of humane treatment of detainees (see A/68/295). The European Court of
Human Rights, in Bouyid v. Belgium, has highlighted the inherent link between
concepts of degrading treatment or punishment and human dignity, finding that
treatment that “humiliates or debases an individual, show[s] a lack of respect for or
diminish[es] his or her human dignity, or arouses feelings of fear, anguish or
inferiority capable of breaking an individual’s moral and physical resistance” may
be characterized as degrading. Any act by law enforcement that diminishes a
person’s human dignity, including the use of physical force when not strictly
necessitated by his or her conduct, violates the prohibition of torture and
ill-treatment.
44. Depending on their degree, severity, chronicity and type, undue psychological
pressure and manipulative practices may themselves amount to inhuman or
degrading treatment. This may be the case, among others, when certain techniques
are used in combination, over a lengthy period or against vulnerable persons,
including children, persons with psychosocial disabilities, persons who do not
understand or adequately speak the language of the interviewing officers and other
persons who may be particularly sensitive to coercion owing to their specific needs
or physical or emotional development.
45. International and regional human rights mechanisms have to date developed an
extensive body of jurisprudence on practices that amount to physical or
psychological torture or ill-treatment, including but not limited to punching,
kicking, beatings, electrocution, forms of suffocation, burns, use of firearms, mock
executions, threats of reprisals against relatives, death threats, restraints in very
painful conditions, rape, sexual abuse and humiliation, sleep deprivation, prolonged
stress positions, prolonged solitary confinement, incommunicado detention, sensory
deprivation, exposure to extreme temperatures or loud music for prolonged periods,
dietary adjustments, blindfolding and hooding during questioning, prolonged
questioning sessions, removal of clothing, deprivation of all comfort and religious
items and exploitation of phobias during questioning (see A/HRC/13/39/Add.5;
A/52/44; CCPR/C/USA/CO/3/Rev.1; CAT/C/USA/CO/2; and CAT/C/KAZ/CO/3).
Deplorably, such illegal methods have often been combined with poor conditions of
detention — which can alone amount to cruel, inhuman or degrading treatment in
themselves — to exert additional psychological pressure on detainees to reveal
__________________
11
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For example, Christian Meissner, Christopher E. Kelly and Skye A. Woestehoff, “Improving the
effectiveness of suspect interrogations”, Annual Review of Law and Social Science, vol. 11 (2015).
16-13568
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