individual characteristics of that person must be taken into account, including age, mental
capacity, ethnicity and gender. There should never be any threat of reprisals against third
persons, including relatives.
Interrogations should be conducted having proper regard to the special characteristics of the
person being interrogated and in a manner which does not impair the person’s judgment.
It is especially important to have particular regard to the rights of children. Any person under
the age of 18 should not be questioned without an adult of their choice present.
As most people function less well at night than during the day, interrogations should not take
place at night except in exceptional circumstances.
The Principles for Persons under Detention41 provide as follows:
Principle 21
1. It shall be prohibited to take undue advantage of the situation of a detained or imprisoned
person for the purpose of compelling him to confess, to incriminate himself otherwise or to
testify against any other person.
2. No detained person while being interrogated shall be subject to violence, threats or
methods of interrogation which impair his capacity of decision or his judgement.
9. At the time of any arrest or detention (and before any interrogation) a person should be
given the right to undergo a medical examination by a competent and impartial
medical practitioner in order to provide a point of reference as to their condition before
the commencement of any interrogation.
The time and findings of the medical
examination should be recorded.
Commentary
Principle 24 of the Principles for Persons under Detention states that:42
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