Part II: Preventing torture: NHRIs in action
different agencies can help protect detainees from the possibility that the conditions of their detention
will be used to influence their behaviour during interviews. In addition, each agency can act as a check
on the work of the other.74
Rapport-based interviewing
The aim of police interviews should be to obtain accurate and reliable information in order to seek
the truth about matters under investigation - following a methodology of “investigative interviewing”
- rather than to obtain a confession from someone presumed guilty.75 Rapport-based, non-coercive
methods for interviewing and the application of safeguards throughout the interview process are
the most effective for gathering information and reducing the risks of ill-treatment. The Principles on
Effective Interviewing for Investigations and Information Gathering provide guidance on how to move
away from interrogation to effective interviewing.
In addition, there should be a code of conduct which sets out detailed and specific standards for the
conduct of police interviews. The code should address issues such as the permissible length of the
interview, rest periods, the location and identity of persons to be present during the interview and
interviewing a person under the influence of drugs. The process of developing a code of conduct is
useful in itself as it encourages police officials to consider what practices are appropriate and effective
for their work. The code of conduct should be publicly available and provided to all persons deprived
of their liberty.
Audio and/or video recording of interrogations
Audio or video recording not only brings greater transparency to the interrogation process, but can
also provide significant advantages for the police. Audio or video recording helps monitor and ensure
that an established code of conduct is followed by police during interrogations.
Independent oversight mechanisms
Regular and unannounced visits to all places of detention by independent monitoring bodies helps
prevent a culture of secrecy from developing and provides an important safeguard for persons
deprived of their liberty.
Contact with the outside world
Ensuring detainees can maintain contact with the outside world is a fundamental right providing
vital support to detainees and contributing to their ability to successfully integrate with society upon
release. It also acts as a safeguard against torture and ill-treatment.
Women are often detained in locations far from their homes because of the relatively few women’s
prisons in most countries. Measures should be taken to counterbalance the disadvantages women
face in having contact with their family due to distance and location, where possible.76
Insights from practice:
Between 2017 and 2019, the National Human Rights and Ombuds Institution of Uruguay
(INDDHH), in its capacity as National Preventive Mechanism under the OPCAT, carried out several
visits to police stations across the country to monitor the implementation of fundamental safeguards
in the first moments of detention, in particular the right to notify a third party, access to a medical
74
See CPT annual report 2018 substantive section on Preventing police torture and other forms of violence, CPT Inf(2019)9,para 82 to 85.
75
Interim report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (5
August 2016) (A/71/298); European Committee for the Prevention of Torture, Preventing police torture and other forms
of ill-treatment – reflections on good practices and emerging approaches (2019).
76
Rules 26 of the UN Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders
(Bangkok Rules).
51