A/71/298
during interviews and, when necessary, during consultations with counsel (see
International Covenant on Civil and Political Rights, art. 14 (3) (f)). Persons with
sensory impairments likewise have the right to interpreters. When no interpreter is
available, a person who knows the interviewee and is able to adequately
communicate with him or her may be invited to act as one; alternatively, the
interviewee should be asked and/or be allowed to answer questions in writing in his
or her preferred language.
83. The interpreter’s role during questioning is to facilitate communication
neutrally and objectively. His or her presence serves as a safeguard against
mistreatment and coercion. The protocol should provide practical guidance as to the
role, rights and responsibilities of interpreters during the conduct of interviews and
emphasize that the right to interpretation applies to the questioning of all persons
who are arrested or deprived of liberty, including during armed conflict and in
administrative detention (Body of Principles, principle 14).
5.
Recording
84. The recording of interviews is a fundamental safeguard against torture,
ill-treatment and coercion and ought to apply in the criminal justice system and in
connection to any form of detention. Every reasonable effort m ust be made to record
interviews, by audio or video, in their entirety. Where circumstances preclude or
when the interviewee objects to electronic recording, the reasons should be stated in
writing and a comprehensive written record of questioning must be kept. Accurate
records of all interviews must be kept and safely stored, and evidence from
non-recorded interviews should be excluded from court proceedings (see A/56/156).
85. Suspect interviews must be at least audio, and preferably video, recorded (see
A/HRC/4/33/Add.3 and A/68/295). Video recorders should capture the entire
interview room, including all persons present. Video recording discourages torture
while providing an authentic and complete record that can be reviewed during the
investigation and used for training purposes. It cannot, however, be used as an
alternative to the presence of counsel (see CAT/C/AUT/CO/3 and
A/HRC/25/60/Add.1). The Special Rapporteur acknowledges the financial
implications associated with the use of video-recording equipment. The protocol
may explore alternative solutions, such as limiting the mandatory use of audiovisual
recording to interviews of suspects, vulnerable victims or witnesses.
86. Recording should not be limited to confessions or other incriminating
statements. Whatever the format, several elements must be recorded during an
interview, including: its place, date, time and duration; the intervals between
sessions; the identity of the interviewers and any other persons present and any
changes in individuals present during questioning (see Human Rights Council
resolution 31/31); confirmation that the interviewee was informed of his or her
rights and availed himself or herself of the opportunity to exercise them and
confirmation of any voluntary waiver; the substance and content of questions asked
and answers, in addition to any other information, provided by the interviewer or
interviewers or the suspect (see the Luanda Guidelines, guideline 9 (e)); and the
time and reasons for any interruption and time of resumption of the intervi ew (rules
of procedure and evidence of the International Criminal Court, rule 112 (1)).
87. The records should be made available to the interviewee and his or her
counsel. The interviewee should have the opportunity to verify that the written
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