PART B COMMENTARY ON MINIMUM INTERROGATION STANDARDS Introduction Torture and cruel, inhuman or degrading treatment or punishment is prohibited under international law. The prohibition is applicable to all states whether or not they are parties to any relevant treaties and cannot be relaxed under any circumstances. It is an absolute prohibition even in times of war, public emergency or in compliance with the orders of a superior. The ACJ has developed these Minimum Interrogation Standards (MIS) which are designed to protect those being interrogated from torture and from cruel, inhuman or degrading treatment or punishment. They apply primarily to those being questioned because they are suspected of possible involvement in criminal offending. Minimum Interrogation Standards Interrogation is any questioning by a public official of a person where there is a suspicion that that person is involved in an offence. It applies whether someone is under arrest or detention or is voluntarily subjecting themselves to an interview and includes a situation where someone is interviewed originally as a witness or as someone with relevant information but, during the course of the interview, becomes suspected of involvement in the offence. Most of these standards will also apply by analogy to other types of questioning. 1. States must ensure that torture and cruel, inhuman or degrading treatment or punishment are not employed before, during or after any interrogation. Nor must these practices be employed to compel witnesses to give information about or evidence against another. 53