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 16-13568 11/25

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