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Center for Human Rights and Humanitarian Law

Effective Interviewing

Although the prohibition of torture is absolute, it frequently occurs during questioning by authorities听and for the purpose of obtaining a confession and solving crimes.听Around the world, false confessions and unreliable information arising from torture and ill-treatment during questioning have led to wrongful convictions, wasted resources, and miscarriages of justice. To address this, in 2016, Professor M茅ndez presented his last thematic report to the General Assembly as Special Rapportuer on Torture, calling for the development of a universal protocol on investigative interviewing and attendant legal safeguards. Professor M茅ndez advocated that non-coercive, ethically sound, evidence-based and empirically founded interviewing practices will enhance human rights compliance, optimize policing efforts, and make communities safer. After over four years of collaborative effort, we are pleased to share that the听, which will be referred to as the "," were launched during an online event on June 9, 2021.听

A website dedicated to the Mendez Principles can be found .

Developing the Principles on Effective Interviewing for Investigations and Information Gathering

Following strategy meetings in 2017 and 2018, the Anti-Torture Initiative, Association for the Prevention of Torture (APT), and the Norwegian Centre for Human Rights (NCHR)听formed an听institutional partnership听to听coordinate听the development of and advocacy around the Mendez Principles.听The ATI and its partners听assembled听a group of renowned experts to comprise the working groups of the initiative, representing geographical diversity, gender balance, diverse perspectives, and deep expertise in the substantive thematic areas that comprise the Mendez Principles.听This included a听Steering Committee听(15 multi-disciplinary experts tasked with overseeing the development of the principles), an听Advisory Council听(+80 experts who provide technical and substantive input on various drafts), a听Drafting Group, and an听Editorial Group.听

Drafting of the document began in 2018 and was completed in May 2021. The Mendez Principles, which are听grounded in science, law and ethics, provide guidance on how to conduct rapport-based interviewing, which is more effective in obtaining accurate information and more respectful of the human rights of persons being interviewed.听The Mendez Principles aim to transform the relationship between States and their citizens and听are intended to change how State authorities conduct interviews and as a result improve civic trust in the State.听

Broad in their scope and flexible in their application, the Mendez Principles apply to all interviews by information-gathering officials and are suitable for uncomplicated interviews as well as interviews that are more complex.听The guidance provided in the Mendez Principles is intended for policymakers, interviewing professionals, and authorities involved in the conduct of interviews, including law enforcement and intelligence-gathering agencies. The goal is for the 6 principles elaborated in the document to be incorporated into States鈥 domestic laws, regulations, practices, and trainings.

The Mendez Principles will assist authorities around the world to improve the effectiveness and fairness of their investigations. By moving away from a culture of accusatory, coercive and confession-driven practices, States can draw upon the principles鈥 best practices and help ensure that the presumption of innocence is respected, that only guilty persons are convicted, that wrongly accused persons are freed, and that justice is served for victims and society at large.

Click here to read the .听

Events & speaking engagements

March 9, 2022:听The ATI participated in a side event to the 49th Session of the Human Rights Council. Panelists discussed how the Mendez Principles can strengthen human rights and uphold the rule of law across UN Member States.

December 10, 2021:听To mark Human Rights Day, the ATI participated in an online event on the听application of the Mendez Principles in听Brazil.听

October 27, 2021:听The ATI participated in an online presentation of the Mendez Principles in Mexico.

June 9, 2021: The Principles were officially launched during听a high-level听online global event that featured the participation of UN High Commissioner for Human Rights Michelle Bachelet.

March 7, 2021: The ATI participated in a听side event to the 14th UN听Congress听on听Crime听Prevention and听Criminal听Justice that was co-sponsored by OHCHR, UNODC, APT, NCHR, the Norwegian Ministry of Justice and Public Security, and the Swiss Confederation. During the virtual event, Prof. Mendez听introduced听the content of the Principles and provided background on their development.

February 2020: An article authored by Prof. Mendez entitled 鈥淗acia un Protocolo Universal para Entrevistas No Coercitivas,鈥澨齩n the impact of the Principles on Latin America was published in the edited volume of articles released by IBAHRI:听.听

January 11, 2020: NCHR and UN Police Conference in Oslo.听The NCHR and the UN Police (UNPOL) held a conference听in Oslo, Norway听to discuss the forthcoming UN Police Manual on non-coercive interviewing. Professor M茅ndez gave the keynote address and he and other members of the Steering Committee discussed the draft听Protocol with specialists and practitioners from around the world.

November 28, 2019: 5th Colloquium of Police Law in Bern听Professor M茅ndez听gave a presentation entitled 鈥淎 Universal Protocol on Non- Coercive Investigatory Interviews,鈥 at the 5th听Colloquium on Police Law in Bern, Switzerland, co-sponsored by the听Swiss Police Institute and the Swiss Centre of Expertise in Human Rights.

November 11, 2019: Meeting at UN Headquarters in NY.听The ATI, collaboration with the APT, NCHR, and OHCHR, organized and co-sponsored a meeting at UN headquarters in New York City to update Member States and civil society on the progress to develop the Protocol. The meeting included the participation of Professor听M茅ndez, APT Secretary General Barbara Bernath,听Drafting Group member Alka Pradhan, UN Police Adviser and the Director of Police Division Luis Carrilho,听Senior Investigator from the Oslo Police Ingeborg Hansen, and former Assistant Secretary General for Human Rights Andrew Gilmour.

September 3, 2019:Side event to Steering Committee meeting in Bangkok.听The ATI,听APT, NCHR, and the Thai Institute of Justice (TIJ) held a side event entitled 鈥淧rofessional Forum on Future of Investigation: Investigative Interviewing and Associated Safeguards for Thailand.鈥 The high-level event sought to raise awareness on the Protocol and its importance as a tool to prevent torture and ill-treatment, to create momentum on the national level regarding the need to implement legal and procedural safeguards, to facilitate discussion between national actors, and to highlight good practices. Professor听M茅ndez gave听the keynote address.

June 26, 2019: International Investigative Interviewing Research Group Conference.听Professor听M茅ndez gave the keynote address听at the International Investigative Interviewing Research Group annual conference in Stavern, Norway. During his address,听he discussed the Protocol, the rationale for why it is necessary, and the progress made to date.

December 12, 2018: Side event to Steering Committee meeting in Tunis.听Parallel to the Steering Committee meeting in Tunis, the APT and听the Danish Institute against Torture (Dignity)听organized听a high-level side-event on the Protocol and the issues of investigative interviewing and safeguards in the early hours of detention. The event raised听awareness听around the Protocol at the national level听and informed听Steering Committee members about national-level practices and challenges of relevance to the Protocol鈥檚 prospective applicability听The side-event consisted of a public session featuring the participation of Tunisian government representatives, including the Director of the Ministry of Interior鈥檚 Human Rights Department; the Chief of Cabinet of the Ministry for Relations with Constitutional Institutions, Civil Society, and Human Rights; the President of the National Commission for the Prevention of Torture (INPT); and of Steering Committee members, including Professor听M茅ndez. Following the public session, a closed round-table session between Steering Committee experts and representatives of the Ministry of Interior and INPT was held, which focused on the implementation of legal safeguards in Tunisia, particularly the right of access to a lawyer.

October 16, 2018: Progress on the Development of the Universal Protocol on Investigative Interviewing and Associated Safeguards.听This side event at the 73rd Session of the UN General Assembly, co-sponsored by the ATI, APT, and NCHR, provided an update on the progress being made toward drafting the Protocol, and reiterated the importance of implementing human rights-based standards and guidelines for investigative interviewing and associated safeguards, with a view to minimizing the use of torture, mistreatment, coercion, and intimidation against persons in custody and/or during interviews with law enforcement.

October 6, 2018: Interrogation and Torture: Integrating Efficacy with Law and Morality.听Professor M茅ndez gave a keynote address before the International Managers of Police Academy and College Training (鈥淚MPACT Section鈥) of the International Association of Chiefs of Police at the group鈥檚 Annual Conference in Orlando, Florida.

September 20, 2018:听A Universal Protocol for Investigative Interviewing: An End to Interrogation and Torture.听Professor M茅ndez gave a keynote speech about the importance of investigative interviewing and the development of the Protocol at a Conference hosted by the Center for Ethics and the Rule of Law at the University of Pennsylvania Law School. 听

Sept. 5, 2018: Protocol on Non-Coercive Interviews: Discussion with the International Bar Association鈥檚 Human Rights Institute (IBHARI).听Former Special Rapporteur M茅ndez and fellow Steering Committee Members Psychiatrist Pau Perez-Sales and IBHARI鈥檚 Senior Program Lawyer Veronica Hinestroza .
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June 28, 2018: Roundtable on Investigative Interviewing in Brazil.听The ATI and IBHARI hosted a roundtable in Brazil, with the support of the APT, Conectas Direitos Humanos and Brazil鈥檚 Mecanismo Nacional de Preven莽茫o e Combate 脿 Tortura. The roundtable featured a discussion about the recent international developments on human rights standards for the conduct of interviews and investigations by law enforcement officials around the world and attendant legal and procedural safeguards. Local participants from institutions such as the Brazilian Forum on Public Safety, Human Rights Secretariat, National Preventative Mechanism, and other local United Nations agencies were able to exchange good practices and lessons learned from their experiences with investigations, interviews, and the implementation of legal and procedural safeguards, and able to foster partnerships with other key stakeholders seeking to develop and implement their work.

December 7, 2017: Launch of 鈥淐hanging Police Mindsets: From Coercion to Justice".听The ATI and APT initiated work on the production of an portraying the importance of using non-coercive methods to interview suspects and the implementation of legal safeguards during the first hours of police custody, which has been proven to significantly reduce the risk of torture.

October 5, 2017: Truth Without Torture: A Role-Play on Investigative Interviewing.听The ATI co-sponsored and the Convention Against Torture Initiative organized a simulation and听open debate about rapport-based investigative interviewing techniques at the International Committee of the Red Cross Museum in Geneva.

September 22, 2017: Torture During Interrogation: Illegal, Immoral, and Ineffective.听The ATI co-hosted a along with the UN High Commissioner for Human Rights and UN Police and Convention Against Torture Initiative. The panel sought to develop standards during investigative interrogations by police and other law enforcement agencies to help States meet their obligations to prevent torture and ill-treatment.

November 30, 2017: North Carolina Commission of Inquiry on Torture Public Hearing.听Former Special Rapporteur M茅ndez testified at a public hearing held by the North Carolina Commission of Inquiry on Torture (NCCIT), alongside other witnesses, including a former detainee and former U.S. government agents, who condemned the use of coercive interrogation.

June 9, 2017: Universal Protocol Technical Roundtable听The ATI hosted a roundtable with the Office of the High Commissioner for Human Rights (OHCHR) and the staff of UN Assistant Secretary General for Human Rights Andrew Gilmour. Practitioners from five continents attended the roundtable and discussed the development of the Protocol. Participants agreed that a universal protocol on investigating interviewing would not only ensure better compliance with key human rights obligations (most notably the prohibition of torture and other ill-treatment), but also optimize policing, produce better results in criminal investigations and prosecutions, strengthen trust in public institutions, and increase security and public safety.

January 27, 2017: Universal Protocol Strategy Meeting.听The ATI and APT co-sponsored a strategy meeting in Geneva with leading anti-torture experts to discuss and establish a blueprint of action for the development of the Protocol. Experts at the meeting shared national experiences and considered the best options to make the Protocol a reality.

October听19, 2016: A Universal Protocol for Investigative Interviewing and Attendant Legal Safeguards.听This sensitized Member States to the need to develop a model of investigative interviewing that is non-coercive, ethically sound, evidence- and research-based, and empirically founded.

July 13, 2016: Expert Consultation for the Thematic Report on Investigative Interviewing.听The ATI and Special Rapporteur M茅ndez hosted an expert consultation to inform the drafting of the Special Rapporteur鈥檚 final thematic report on investigative interviewing to the United Nations General Assembly. During the meeting, practitioners, academics, advocates, and experts from around the world discussed standards for investigative interviewing practices by law enforcement and associated legal safeguards applicable in criminal justice, counter-terrorism, and armed conflict.

Drafting Process

TIMELINE & MEETINGS
May 2018: First in-person Steering Committee meeting held in Rio de Janeiro, Brazil.听The Committee elected its Co-Chairs (Juan E. M茅ndez & Mark Thompson), decided on the format and scope of the Protocol, the composition of the Drafting Group (comprised of two sub-working groups), a working timeline for the project, and the project鈥檚 main advocacy goals.

September 2018: First Drafting Group Workshop held in Geneva, Switzerland.听The Drafting Group prepared an expanded outline of the Protocol, established anticipated drafting deadlines, and assigned sections to respective drafters.

December 2018: Second Meeting of the Steering Committee in Tunis, Tunisia. The Steering Committee听reviewed the first draft of the Protocol and continued discussions on key issues of substance and strategy regarding the Universal Protocol鈥檚 future status and endorsement.

April 2019: Second Meeting of the Drafting Group in Oslo, Norway. The Drafting Group met to听review the second draft of the Protocol听and establish next steps for the completion of the third draft.

September 2019: Combined working meeting of the Steering Committee and Drafting Group in Bangkok, Thailand. The听Steering Committee, along with members of the听Drafting Group, met for a third time to review the third draft of the Protocol and advocacy approaches and strategies for endorsement were discussed.

June 2020: Fourth Meeting of the Steering Committee, held remotely. The Steering Committee听discussed the current draft, having been reviewed for听comments by the Advisory Council, made听additional听decisions regarding pending substantive issues and advocacy moving forward.

2021-2022:听The Steering Committee held meetings as needed听to discuss strategies听for dissemination and endorsement.

Resources & News

(Aug. 5, 2016)听

(Oct. 18, 2016).