such as laws and measures relevant to the admissibility of confession evidence,
are not sufficient alone to change practices and cultures within police and other investigative bodies. Legal and procedural safeguards afforded to suspects are only
effective in combination with the availability of adequate investigation technologies
and means. Countries that have successfully curtailed the use of torture or other
ill-treatment have combined legal and procedural safeguards with investment in
training and education on investigative interviewing techniques. In this context, it
is crucial to entrench the understanding of all actors involved in the investigation
phase that the aim of questioning is not to obtain a confession from somebody
already presumed guilty by the interviewing officers. Rather, the principle aim is to
obtain accurate and reliable information in order to discover the truth about matters under investigation.54 Only when those different elements are brought together
in a holistic approach do they reinforce each other and reduce the risk of torture
or other ill-treatment.
Promising practice – alternatives to coercive interrogation
practices that amount to ill-treatment, or even torture, and related
safeguards
23. Some countries that have made significant progress towards reducing the risk
of torture or other ill-treatment have done so by adopting new investigative techniques. In a Western European participating State, high-profile miscarriages of
justice involving coerced confessions resulted in the enactment of the Police and
Criminal Evidence Act, in 1984.55 The law includes mandatory audio recording of all
suspect interviews, the right to legal representation for suspects in police custody,
limits on detention before charge and new investigative interviewing techniques.
24. The shift from coercive interrogation practices for information gathering to investigative and non-coercive interviewing models was also facilitated by the adoption of
a new technique of investigative interviewing, known as the PEACE model, which
was developed in 1992 with the input of psychologists, lawyers and academics.56
The model sets out techniques for interviewing that put the focus of the interview
on eliciting accurate and reliable information that can be used as evidence, rather
than on coercing a confession to confirm an existing theory the interviewer might
54
55
56
OSCE/ODIHR, Human Rights In Counter-Terrorism Investigations – A practical Manual For Law
Enforcement Officers, (2013), p. 94.
In England and Wales.
Mary Schollum, “Bringing PEACE to the United States: A Framework for Investigative
Interviewing”, Police Chief Magazine, (2017) p. 32.
21
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