–2–
39.
Turning to the interrogation process, the CPT considers that clear rules or guidelines should
exist on the way in which police interviews are to be conducted. They should address inter alia the
following matters: the informing of the detainee of the identity (name and/or number) of those
present at the interview; the permissible length of an interview; rest periods between interviews and
breaks during an interview; places in which interviews may take place; whether the detainee may be
required to stand while being questioned; the interviewing of persons who are under the influence
of drugs, alcohol, etc. It should also be required that a record be systematically kept of the time at
which interviews start and end, of any request made by a detainee during an interview, and of the
persons present during each interview.
The CPT would add that the electronic recording of police interviews is another useful
safeguard against the ill-treatment of detainees (as well as having significant advantages for the
police).
40.
The CPT considers that the fundamental safeguards granted to persons in police custody
would be reinforced (and the work of police officers quite possibly facilitated) if a single and
comprehensive custody record were to exist for each person detained, on which would be recorded
all aspects of his custody and action taken regarding them (when deprived of liberty and reasons for
that measure; when told of rights; signs of injury, mental illness, etc; when next of kin/consulate
and lawyer contacted and when visited by them; when offered food; when interrogated; when
transferred or released, etc.). For various matters (for example, items in the person's possession, the
fact of being told of one's rights and of invoking or waiving them), the signature of the detainee
should be obtained and, if necessary, the absence of a signature explained. Further, the detainee's
lawyer should have access to such a custody record.
41.
Further, the existence of an independent mechanism for examining complaints about
treatment whilst in police custody is an essential safeguard.
42.
Custody by the police is in principle of relatively short duration. Consequently, physical
conditions of detention cannot be expected to be as good in police establishments as in other places
of detention where persons may be held for lengthy periods. However, certain elementary material
requirements should be met.
All police cells should be of a reasonable size for the number of persons they are used to
accommodate, and have adequate lighting (i.e. sufficient to read by, sleeping periods excluded) and
ventilation; preferably, cells should enjoy natural light. Further, cells should be equipped with a
means of rest (eg. a fixed chair or bench), and persons obliged to stay overnight in custody should
be provided with a clean mattress and blankets.
Persons in custody should be allowed to comply with the needs of nature when necessary in
clean and decent conditions, and be offered adequate washing facilities. They should be given food
at appropriate times, including at least one full meal (i.e. something more substantial than a
sandwich) every day.2
43.
The issue of what is a reasonable size for a police cell (or any other type of detainee/prisoner
accommodation) is a difficult question. Many factors have to be taken into account when making
such an assessment. However, CPT delegations felt the need for a rough guideline in this area. The
following criterion (seen as a desirable level rather than a minimum standard) is currently being
used when assessing police cells intended for single occupancy for stays in excess of a few hours: in
the order of 7 square metres, 2 metres or more between walls, 2.5 metres between floor and ceiling.
2
The CPT also advocates that persons kept in police custody for 24 hours or more should, as far as possible, be
offered outdoor exercise every day.