16
CPT: 12TH GENERAL REPORT
SOME DEVELOPMENTS CONCERNING CPT STANDARDS
IN RESPECT OF POLICE CUSTODY
32.
More than a decade has elapsed since the CPT
described, in its 2nd General Report3, some of the main
issues pursued by the Committee in relation to police
custody. In the meantime, the Committee has carried
out more than a hundred further visits and the number
of Parties to the Convention has practically doubled.
Naturally, the CPT's standards in respect of police
custody have gradually evolved, in the light of new
situations encountered and experience gathered.
Following the approach taken in its 11th General Report
in respect of imprisonment4, the CPT would like to
highlight in its 12th General Report a miscellany of
issues related to police custody which illustrate the
development of the CPT's standards.
33.
It is essential to the good functioning of
society that the police have the powers to apprehend,
temporarily detain and question criminal suspects and
other categories of persons. However, these powers
inherently bring with them a risk of intimidation and
physical ill-treatment. The essence of the CPT's work
is to seek ways of reducing that risk to the absolute
minimum without unduly impeding the police in the
proper exercise of their duties. Encouraging
developments in the field of police custody have been
noted in a number of countries; however, the CPT's
findings also highlight all too often the need for
continuing vigilance.
34.
The questioning of criminal suspects is a
specialist task which calls for specific training if it is to
be performed in a satisfactory manner. First and
foremost, the precise aim of such questioning must be
made crystal clear: that aim should be to obtain
accurate and reliable information in order to discover
the truth about matters under investigation, not to
obtain a confession from someone already presumed,
in the eyes of the interviewing officers, to be guilty. In
addition to the provision of appropriate training,
ensuring adherence of law enforcement officials to the
above-mentioned aim will be greatly facilitated by the
drawing up of a code of conduct for the questioning of
criminal suspects.
35.
Over the years, CPT delegations have spoken
to a considerable number of detained persons in
various countries, who have made credible claims of
having been physically ill-treated, or otherwise
intimidated or threatened, by police officers trying to
obtain confessions in the course of interrogations. It is
self-evident that a criminal justice system which places
a premium on confession evidence creates incentives
for officials involved in the investigation of crime - and
often under pressure to obtain results - to use physical
or psychological coercion. In the context of the
prevention of torture and other forms of ill-treatment, it
is of fundamental importance to develop methods of
crime investigation capable of reducing reliance on
confessions, and other evidence and information
obtained via interrogations, for the purpose of securing
convictions.
36.
The electronic (i.e. audio and/or video)
recording of police interviews represents an important
additional safeguard against the ill-treatment of
detainees. The CPT is pleased to note that the
introduction of such systems is under consideration in
an increasing number of countries. Such a facility can
provide a complete and authentic record of the
interview process, thereby greatly facilitating the
investigation of any allegations of ill-treatment. This is
in the interest both of persons who have been ill-treated
by the police and of police officers confronted with
unfounded allegations that they have engaged in
physical ill-treatment or psychological pressure.
Electronic recording of police interviews also reduces
the opportunity for defendants to later falsely deny that
they have made certain admissions.
37.
The CPT has on more than one occasion, in
more than one country, discovered interrogation
rooms of a highly intimidating nature: for example,
rooms entirely decorated in black and equipped with
spotlights directed at the seat used by the person
undergoing interrogation. Facilities of this kind have
no place in a police service.
In addition to being adequately lit, heated and
ventilated, interview rooms should allow for all
participants in the interview process to be seated on
chairs of a similar style and standard of comfort. The
interviewing officer should not be placed in a
dominating (e.g. elevated) or remote position vis-à-vis
the suspect. Further, colour schemes should be neutral.
3
4
2nd General Report covering the period 1 January to
31 December 1991 (CPT/Inf (92) 3), paragraphs
36-43.
Cf. CPT/Inf (2001) 16, paragraphs 25-33.
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