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innocence operational. Officers generate and actively test alternative hypotheses
through systematic preparation, empathetic rapport-building, open-ended questions,
active listening, strategic probing and disclosure of potential evidence. Such
interviews are far more effective and compliant with human rights.
50. Objectivity, impartiality and fairness are critical components of investigative
interviews. They require officers to keep an open mind, even when the evidence
against a person is strong. An objective, impartial and fair interviewing process will
reduce the risks of resorting to confession-oriented techniques or coercion and of
eliciting false admissions or faulty intelligence. In criminal investigations, a fair
police process will form the preparatory basis for a fair trial. 14 Officers must remain
professional and not allow their prejudices, preco nceptions or emotions to affect
their performance during interviews.
51. Systematic and solid preparation increases the quality and likelihood of
successful interviews. Conversely, insufficient preparation is bound to cause
setbacks and creates risks that agents will resort to pressure or physical coercion to
elicit information or confessions. Adequate preparation requires full knowledge of
and compliance with applicable rules of procedure governing the conduct of
interviews. To conduct the most effective interview possible, officers should, among
other things, have clear knowledge and understanding of all information pertinent to
the case, be fully cognizant of the legal definition of the offence under investigation
and identify all potential evidence in the case file and every possible explanation of
its origin. 15 The preparation of a strategy and interview structure designed to best
elicit information is also essential, as is the ability to remain flexible throughout the
interview.
52. The development and maintenance of rapport is also a crucial determinant of
effective non-coercive interviews. Rapport can help to reduce the interviewee ’s
anxiety, anger or distress, while increasing the likelihood of obtaining more
complete and reliable information. Rapport-building techniques must not be used
for the purposes of manipulation or to exert undue pressure to induce confessions,
which would be incompatible with the purpose and spirit of the investigative
interviewing model. The protocol should clearly set out the duty of interviewers to
maintain a professional attitude and refrain from using any form of coercion during
the entire interview process. It must also emphasize that interviewers ought to
obtain the cooperation of persons questioned, rather than to demons trate their
authority or gain control over them, manipulate them or force them to comply with
their wishes.
53. It is recommended that interviewers begin each topic by asking open -ended
questions and allow the interviewee to provide a free and uninterrupte d account of
the events under investigation. Contrary to complex, leading or compound
questions, open-ended and neutral questions encourage memory retrieval and are
less likely to induce admissions against a person’s will, influence his or her account
or contaminate his or her memory. Broad and open-ended questions will enable
innocent suspects to provide information freely, while preventing guilty suspects
from understanding their evidentiary significance.
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14
15
14/25
See the European Code of Police Ethics.
For example, Organization for Security and Cooperation in Europe, Office for Democratic
Institutions and Human Rights, Human Rights in Counter-Terrorism Investigations: A Practical
Manual for Law Enforcement Officers (Warsaw, 2013).
16-13568
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