TRAINING ARTICLE: 10 Training and capacity building are basic elements to prevent torture and ill-treatment. UNCAT requires States to ensure that education and information regarding the prohibition against torture and illtreatment are included in training of law enforcement personnel, civil or military, medical personnel, public officials or other persons involved in custody, interrogation or detention (Art. 10.1), and to include the prohibition of torture and ill-treatment in the rules or instructions of such professions (Art. 10.2). See, CTI’s Training Tool on Investigative Interviewing for Criminal Cases T O O L Latest update: November 2017 CTI TRAINING TOOLS 1/2017 INVESTIGATIVE INTERVIEWING FOR CRIMINAL CASES Conducting interviews is a core task of law enforcement. How interviews are conducted can have a profound impact on the outcome, fairness, efficiency and reliability of any subsequent criminal proceedings. Police, other law enforcement officers and officials from other investigative bodies are bound to respect and protect the inherent dignity and physical and mental integrity of all persons – including victims, witnesses and suspects – during questioning. Yet torture and other forms of ill-treatment, coercion and intimidation against persons in custody and during interviews continue in different parts of the world. The existence of a ”confession culture” in policing and criminal justice systems in many countries, alongside the absence of training and expertise in the range of crime solving techniques and humane ways of interviewing, can incentivise abusive practices in order to extract a confession or information. This tool provides an overview and introduction to a method of questioning victims, witnesses and suspects known as “investigative interviewing”, a technique developed by practitioners to respond to the large body of scientific evidence that abusive and coercive techniques elicit unreliable information. The technique is commonly used in the criminal justice sector, including in relation to terrorism cases. It can also be applied effectively in intelligence or security interviews. Through building rapport with the interviewee, the technique has been found not only to prevent abusive practices, but also to improve the collection and reliability of information, and in turn, how citizens perceive the fairness of the justice sector. In doing so, it builds public confidence in the administration of justice and enhances State legitimacy. This document forms part of the CTI compilation of capacity building and training materials developed to assist States to educate and inform officials on good practices in implementing the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and to raise awareness of the general public so they understand and can exercise their rights under the Convention. 1/12 REVIEW OF PROCEDURES ARTICLE: 11 States are to keep under systematic review interrogation rules, institutions, methods and custody arrangements and detention (Art. 11). INVESTIGATION, PROSECUTION AND PUNISHMENT ARTICLES: 4 5 6 12 13 To build accountability and trust in public institutions, UNCAT calls on States to adopt or adjust laws, procedures and institutions to receive, investigate and hear complaints of torture or ill-treatment. A State is to put in place processes giving individuals the right to complain about allegations of torture or ill-treatment, and which are to be promptly and impartially examined by the competent authorities (Art. 13). Individuals need to be able to lodge their complaints safely, and States are required to take steps to ensure that the complainant and any witnesses are protected against ill-treatment or intimidation for having made the complaint or for having provided evidence (Art. 13). See, CTI’s Training Tool on Procedures and Mechanisms to Handle Complaints of and Investigations into Torture or Other ill-Treatment T O O L UNCAT Implementation Tool 7/2019 PROCEDURES AND MECHANISMS TO HANDLE COMPLAINTS OF AND INVESTIGATIONS INTO TORTURE OR OTHER ILL-TREATMENT Putting in place procedures to investigate allegations and to enable persons to lodge complaints of torture or other ill-treatment (Articles 12 and 13 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT)) helps States to prevent abuses and to combat impunity. Fair and effective procedures clarify the circumstances of any allegation, hold those responsible accountable, and provide reparations for harm suffered. Complaints and investigation procedures are complementary and mutually reinforcing: they reaffirm the rule of law, strengthen the professionalism of public services and build trust in State institutions. They can also help to improve working conditions for government officials and protect them against wrongful or vexatious allegations. The information gathered can be an important learning opportunity and can assist officials, and others, to identify areas in need of reform which can inform future strategies to prevent torture and other illtreatment. “ [Complaints] mechanisms can not only allay tensions between persons deprived of their liberty and staff but also, by ensuring that complaints are taken seriously, contribute to building positive relationships.” European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, Annual Report 2017 This tool sets out the key guiding principles for complaints procedures and investigations of torture and other ill-treatment and includes examples drawn from various countries and contexts of laws, institutions, practices and procedures to inspire good practice. The CTI ‘UNCAT Implementation Tools’ are a series of practical tools designed to share good practices among States on the implementation of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT). They offer thematic guidance and ideas for State practitioners and policy-makers as they develop or revise contextspecific strategies, mechanisms and procedures to prevent and punish torture and other forms of ill-treatment or punishment, and provide remedies for victims. 1/17 The duty to investigate such complaints, promptly and impartially, arises wherever there are reasonable grounds to believe an act of torture or ill-treatment has been committed (Art. 12). States may take into custody after examining all the information available to it a person alleged to have committed torture; such custody and other legal measures are to be provided by law and to continue only for such time as to enable criminal (or extradition, see below) proceedings (Art. 6). The normal procedural protections against the arbitrary deprivation of liberty would apply. In line with the drafters’ shared goals to prohibit and respond to torture everywhere, States are to exercise the widest possible jurisdiction over acts of torture (Art.5). In terms of sentencing, the Convention provides that torture offences are to be punishable with appropriate penalties taking into account the grave nature of the offence (Art. 4.2). Recommended terms of imprisonment range from 6-20 years, though some States have adopted longer periods including life imprisonment. UN CONVENTION AGAINST TORTURE IN BRIEF 3/5

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