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.
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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.
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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
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