A/71/298
information. The Special Rapporteur recalls that the physical environment and
conditions during questioning must be adequate, humane and free from intimidation,
so as not to run afoul of the prohibition of torture or ill -treatment.
46. The Special Rapporteur expresses serious concern about the practice of
holding terrorism suspects in solitary confinement or other forms of isolation in
order to break their resistance to questioning. The imposition of solitary
confinement of any duration for the purpose of pressuring persons to confess,
provide information or admit guilt violates the prohibition of torture (see A/66/268).
Practices such as the “separation” technique described in appendix M to the United
States Army field manual on human intelligence collector operations, whereby
detainees are isolated and prevented from communicating with anyone except
medical, detention and intelligence personnel, in an attempt to decrease their
resistance to questioning, are coercive tactics and violate international law.
2.
Guiding principles of investigative interviewing
47. Encouragingly, some States have moved away from accusatorial, manipulative
and confession-driven interviewing models with a view to increasing accurate and
reliable information and minimizing the risks of unreliable information and
miscarriages of justice. The essence of an alternative informat ion-gathering model
was first captured by the PEACE 12 model of interviewing adopted in 1992 in
England and Wales. Investigative interviewing models fashioned after that model
were subsequently adopted by other jurisdictions and the International Criminal
Court. Initially developed for criminal investigations, models of investigative
interviewing can provide positive guidance for the protocol and be applied in a wide
range of investigative contexts, including during intelligence and military
operations.
48. The investigative interviewing model comprises a number of essential
elements that are key to the prevention of mistreatment and coercion and help to
guarantee effectiveness. Interviewers must, in particular, seek to obtain accurate and
reliable information in the pursuit of truth; gather all available evidence pertinent to
a case before beginning interviews; prepare and plan interviews based on that
evidence; maintain a professional, fair and respectful attitude during questioning;
establish and maintain a rapport with the interviewee; allow the interviewee to give
his or her free and uninterrupted account of the events; use open -ended questions
and active listening; scrutinize the interviewee’s account and analyse the
information obtained against previously available information or evidence; and
evaluate each interview with a view to learning and developing additional skills.
The remainder of the present section provides an overview of some of these
elements, on which the protocol should provide detailed guidance.
49. The protocol must reiterate the precise aim of questioning, namely to obtain
accurate and reliable information in order to discover the truth of all relevant facts
about matters under investigation. The aim of interviews must not be to elicit
confessions or other information reinforcing presumptions of guilt or other
assumptions held by officers. 13 Interviews are conducted to make the presumption of
__________________
12
13
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The five steps of the PEACE model are preparation and planning; engage and explain; account;
closure; and evaluation.
See the twelfth report on its activities of the European Committee for the Prevention of Torture
and Inhuman or Degrading Treatment or Punishment (CPT/Inf (2002) 15).
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