–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

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