A/71/298 indirectly involved in the questioning of persons is a necessary step towards changing law enforcement culture, especially in jurisdictions in which mistreatment is routine or systematic, and towards the effective implementa tion of the torture prohibition. It is also essential for law enforcement commanders and leaders to be made aware of the detrimental strategic impact that torture and ill -treatment have on the establishment and maintenance of their legitimacy within and re lationships with communities. 59. The Special Rapporteur underscores the importance of developing corroborating methods of crime investigation, investing in adequate equipment and effectively training investigators on available modern and scientific investigation techniques. These measures can help to facilitate the transition from confession -led to evidence-led investigations and provide surplus information useful to the preparation and conduct of effective interviews, reducing the risk that officers will resort to mistreatment to extract information. B. Set of standards and procedural safeguards 60. A number of due process guarantees and procedural safeguards guaranteeing the right to justice and fair trial, and against arbitrary detention, are critical and inextricably linked to the prevention of torture and ill -treatment during questioning. Article 14 of the International Covenant on Civil and Political Rights provides guarantees against the use of all forms of direct or indirect physical or ps ychological pressure by authorities against a suspect for the purposes of obtaining a confession. The rights not to be compelled to testify against oneself or to confess guilt and to be guaranteed counsel and legal aid are particularly crucial. Aside from safeguarding the fundamental human rights of individuals, these measures benefit societies generally, by fostering trust in institutions, promoting the reliability of evidence and facilitating the effectiveness of national judicial processes (see A/HRC/WGAD/2012/40). Similarly, safeguards enshrined in article 9 of the Covenant help to prevent torture by reducing opportunities and incentives for mistreatment and coercion during detention. 61. The Special Rapporteur examines herein several safeguards of key significance to the future protocol, particularly as applicable to persons in detention. The protocol should also consider other scenarios, including the rights of suspects not deprived of liberty, safeguards attendant to informal questioning and additional preventive measures against mistreatment and coercion. The protocol must account for the reality that torture and ill-treatment during arrest or detention can also take place outside the interview room and induce forced confessions during subsequent questioning. 62. Judicial control of detention is a fundamental safeguard for persons deprived of liberty in connection with criminal charges. Persons detained on criminal charges must not be held in facilities under the control of their interviewers or investigators for more time than is legally required to hold a judicial hearing and obtain a judicial warrant of pretrial detention. This period should never exceed 48 hours, save absolutely exceptional and justified circumstances (see general comment No. 35). Suspects must be transferred to a pretrial facility under a different authority immediately thereafter, after which no further unsupervised contact with interviewers or investigators may be permitted (see A/68/295). As a matter of best 16/25 16-13568

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