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capacity or pursue other leads. Intentional misinformation also sends investigators
on distracting wild goose chases.
21. Torture, ill-treatment and coercion have devastating long-term consequences
for individuals, institutions and society as a whole, causing serious and long -lasting
harm to victims and often injuring the humanity and mental health of pe rpetrators.
Such practices corrupt the cultures of institutions that perpetrate, participate in,
assist in or overlook them. They debase societies that endorse or accept their use,
erode public trust in law enforcement and damage its relationships with
communities, with negative consequences for future investigations.
22. Political decisions to resort to torture or ill-treatment and the failure to prevent
its use jeopardize States’ international cooperation and harm their reputations, moral
authority and legacies. Ultimately, torture only breeds more crime by fuelling hatred
and a desire for vengeance against the perpetrators. Its use in Northern Ireland in the
1970s and during the so-called “war on terror” has served as a recruiting tool for the
groups against which it was perpetrated.
C.
Universal protocol for non-coercive, ethically sound, evidence-based
and empirically founded interviewing practices
23. Professional interviewers repeatedly emphasize that interviews are conducted
much more effectively without resort to torture, ill-treatment or coercion. The
Special Rapporteur welcomes strides made by some States in fashioning and
implementing human rights-based standards and guidelines for investigations and
non-coercive interviewing practices, but is concerned that mistreatment and
coercive questioning remain prevalent in many jurisdictions. Some progress
notwithstanding, State practice most often ignores the relevant normative
frameworks and fails to heed key due process guarantees and procedural saf eguards
designed to combat abuses committed during investigations and questioning that are
codified in national legislation.
24. Noting the growing attention to and momentum around the issues of
investigation, questioning and custody practices at the inter national, regional and
national levels (see Human Rights Council resolution 31/31), the Special
Rapporteur identifies an auspicious opportunity to promote the development of
much-needed standards and guidelines on these fundamental practices, with the aim
of assisting States to meet their fundamental legal obligations to prohibit and
prevent torture and ill-treatment. He takes particular note of the successful recent
revisions of the Standard Minimum Rules for the Treatment of Prisoners (now
known as the Nelson Mandela Rules) and the Model Protocol for a Legal
Investigation of Extra-legal, Arbitrary and Summary Executions (Minnesota
Protocol) and suggests the organization of a broad public consultation by States and
other relevant stakeholders to engage in dialogue on the development of a universal
protocol for interviews that is grounded in fundamental principles of international
human rights law, including the prohibition of torture, ill -treatment and coercion.
25. Because the principal safeguard against mistreatment during questioning is the
interviewing methodology itself, the protocol must outline the guiding principles of
an interviewing model that fully respects this prohibition. The protocol must design
a model that is non-coercive, ethically sound, evidence-based and research-based
and empirically founded. It should champion a culture of human rights compliance,
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