–4–
72.
Last but not least, the setting-up and development of effective – internal and external –
monitoring mechanisms, in particular national preventive mechanisms (NPMs) established under
the Optional Protocol to the United Nations Convention against Torture and other Cruel, Inhuman
or Degrading Treatment or Punishment (OPCAT), can contribute to a significant change in police
culture.
Investigative interviewing – a paradigm shift
73.
In countries where the CPT receives allegations of torture and other forms of ill-treatment in
the context of police interviews, the Committee generally finds that criminal investigations are too
often geared towards the objective of obtaining confessional evidence or other information. In
criminal justice systems that place a premium on confessions, the risk of ill-treatment and other
unlawful action in the context of police interviews is increased. Indeed, the focus on confessional
evidence has led to wrongful convictions. Moreover, in a few countries it has become apparent that
key performance indicators for police officers are heavily based on high “clear-up” rates, which
may have a negative effect on police behaviour when carrying out interviews.
74.
Since its inception, the Committee has placed particular emphasis on the development of
clear rules or guidelines on the carrying out of police interviews. More specifically, the CPT has
repeatedly stressed that the aim of police interviews must be to obtain accurate and reliable
information in order to seek the truth about matters under investigation and not to obtain a
confession from a person already presumed, in the eyes of the interviewing officers, to be guilty.
The CPT has underlined the importance of the principle of proceeding “from the evidence to the
suspect” rather than “from the suspect to the evidence”. Such an approach must prevail in the daily
practice of all those involved, from apprehending officers to police investigators, as well as other
actors of the criminal justice system such as prosecutors and judges.
75.
This “non-accusatory” approach captures in essence the PEACE8 model for investigative
interviewing, which the police service of England and Wales adopted in the early 1990s as the
methodology for interviewing suspects, as well as witnesses and victims. Introduced in the context
of larger reforms, this methodology changed entirely the procedures applied when interviewing
suspects and, in the longer term, the mindset of individual police officers and the police service at
large.
76.
More recently, during its 2018 periodic visit to Norway, the CPT also examined the
techniques of investigative interviewing applied by the Norwegian police (the so-called KREATIV9
model). Since 2004, the KREATIV course has formed part of the syllabus for university training
programmes for police officers.10
77.
The aim of training in investigative interviewing is to help police officers to carry out
interviews in a systematic manner with an open mind, avoiding common pitfalls associated with
relying on preconceived conclusions.11 Equally importantly, it facilitates communication and the
information flow, and consequently the detection of crime. Furthermore, it reduces the risk of
human error and false confessions, which can occur with techniques designed to make the suspect
confess. Research into the causes of wrongful convictions has documented that problems associated
with “tunnel vision” or “confirmation bias” (i.e. an unconscious tendency to seek out only
The acronym PEACE stands for “Planning and preparation, Engage and explain, Account, Closure and Evaluation”.
The Norwegian acronym stands for “(K) Communication, Rule of law, Ethics and empathy, Active awareness, Trust
through openness, Information, (V) Scientific anchoring”.
10
See CPT/Inf (2019) 1, paragraph 28.
11
In this connection, see “A brief introduction to investigative interviewing – A practitioner’s guide”, Council of
Europe, October 2018.
8
9