A/71/298
practice, States ought to entrust different bodies with separate chains of command
with the detention and questioning of persons, to help to protect detainees from
mistreatment and reduce the risk of conditions of detention being used to pressure
them during questioning. All detainees must be properly registered from the moment
of apprehension, a public centralized detention register must be kept and the chain
of custody thoroughly documented (see A/HRC/13/39/Add.5).
63. The practice of detaining persons incommunicado and questioning them in
unofficial or secret facilities is of grave concern because it exposes individuals to
heightened risks of torture. Secret detention amounts to torture or ill -treatment in
itself and should be abolished and criminalized under national law. States must
ensure that questioning is conducted only at official and accessible facilities,
regardless of the form of detention. In the criminal justice system, any evidence
obtained from detainees in unofficial places of detention and not confirmed by them
during subsequent interviews at official locations ought to be inadmissible in court
(see A/56/156).
1.
Information on rights
64. Any person arrested or detained must, at the time of deprivation of liberty and
before any questioning, be informed of his or her rights and ways to avail himself or
herself of those rights (see the Body of Principles). This includes the right to be
informed without delay of the reasons — the factual and legal basis — justifying
arrest or detention and the right to bring proceedings before the court and obtain
appropriate remedies. Persons arrested or detained in connection with criminal
charges are entitled to receive prompt information about the charges (see general
comment No. 35).
65. Before the beginning of every interview, the information provided must
include, at a minimum, the rights to remain silent during questioning; to a lawyer of
one’s choice and free legal aid where the interests of justice so require; to consult
counsel before questioning and to be questioned in the presence of counsel; and to
free and effective interpretation and translation if the individual does not understand
or adequately speak the language of questioning (see the Rome Statute, art. 55; and
European directive 2012/13/EU).
66. Information should be provided to interviewees in a manner that is sensitive to
age, gender and culture and corresponds to the needs of vulnerable persons, and in a
language, means, mode and format accessible to and understood by them. Means of
verification and documentation that this information was provided must be
established, whether by way of printed record, audiotape, videotape or witness
accounts (see WGAD/CRP.1/2015).
67. The Special Rapporteur recognizes that the content of some procedural rights
may vary, to a limited extent, depending on the legal status of the interviewee and
the context of questioning. The provision of precise and accurate information on
one’s status and rights before questioning is therefore doubly critical. Authorities
may not interview persons as “witnesses” or under the guise of “informative talks”
in order to evade the legal safeguards attendant to the questioning of suspects. Any
person who is under a legal obligation to attend and remain at an establishment for
questioning must be afforded the same rights as a suspect. When a person becomes a
suspect during questioning, the interview must be suspended and begin again only if
the interviewee has been made aware of this change and has been given a full
16-13568
17/25
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents