A/71/298
indirectly involved in the questioning of persons is a necessary step towards
changing law enforcement culture, especially in jurisdictions in which mistreatment
is routine or systematic, and towards the effective implementa tion of the torture
prohibition. It is also essential for law enforcement commanders and leaders to be
made aware of the detrimental strategic impact that torture and ill -treatment have on
the establishment and maintenance of their legitimacy within and re lationships with
communities.
59. The Special Rapporteur underscores the importance of developing
corroborating methods of crime investigation, investing in adequate equipment and
effectively training investigators on available modern and scientific investigation
techniques. These measures can help to facilitate the transition from confession -led
to evidence-led investigations and provide surplus information useful to the
preparation and conduct of effective interviews, reducing the risk that officers will
resort to mistreatment to extract information.
B.
Set of standards and procedural safeguards
60. A number of due process guarantees and procedural safeguards guaranteeing
the right to justice and fair trial, and against arbitrary detention, are critical and
inextricably linked to the prevention of torture and ill -treatment during questioning.
Article 14 of the International Covenant on Civil and Political Rights provides
guarantees against the use of all forms of direct or indirect physical or ps ychological
pressure by authorities against a suspect for the purposes of obtaining a confession.
The rights not to be compelled to testify against oneself or to confess guilt and to be
guaranteed counsel and legal aid are particularly crucial. Aside from safeguarding
the fundamental human rights of individuals, these measures benefit societies
generally, by fostering trust in institutions, promoting the reliability of evidence and
facilitating
the
effectiveness
of
national
judicial
processes
(see
A/HRC/WGAD/2012/40). Similarly, safeguards enshrined in article 9 of the
Covenant help to prevent torture by reducing opportunities and incentives for
mistreatment and coercion during detention.
61. The Special Rapporteur examines herein several safeguards of key
significance to the future protocol, particularly as applicable to persons in detention.
The protocol should also consider other scenarios, including the rights of suspects
not deprived of liberty, safeguards attendant to informal questioning and additional
preventive measures against mistreatment and coercion. The protocol must account
for the reality that torture and ill-treatment during arrest or detention can also take
place outside the interview room and induce forced confessions during subsequent
questioning.
62. Judicial control of detention is a fundamental safeguard for persons deprived
of liberty in connection with criminal charges. Persons detained on criminal charges
must not be held in facilities under the control of their interviewers or investigators
for more time than is legally required to hold a judicial hearing and obtain a judicial
warrant of pretrial detention. This period should never exceed 48 hours, save
absolutely exceptional and justified circumstances (see general comment No. 35).
Suspects must be transferred to a pretrial facility under a different authority
immediately thereafter, after which no further unsupervised contact with
interviewers or investigators may be permitted (see A/68/295). As a matter of best
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