The purpose of communicating with persons during pre-trial investigation is to obtain accurate and reliable information to reveal the truth, not to obtain confession. Current criminal procedural legislation of Ukraine provides for a single form of "conversation" of investigator with witnesses, victims and suspects – interrogation. But choice of interrogation strategy and methodology lies with investigator. The way interrogation is conducted can seriously affect the results of pre-trial investigation, as well as undermine fairness, effectiveness and reliability of its course.
Investigative interview, allows not only to build communication between interviewer and interviewee, increase effectiveness of investigation, but also to prevent ill-treatment during pre-trial investigation.
During a three-day intensive training, prosecutors and investigators of the State Bureau of Investigation, the Security Service and the National Police of Ukraine had opportunity to learn investigative interview technique and acquire skills in its practical application through simulation of interview with participation of actors and analysis of post-interview video recording.
Mr.Ivar Fahsing investigative interview practitioner, superintendent and associate professor of the Norwegian Police University, addressed the participants during the first session and explained how the investigative interview can make a difference for effectiveness of pre-trial investigation, using real cases.
He also noted that in its 28th general report the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (the CPT) after visiting Norway and examining the techniques of investigative interviewing applied by the Norwegian police stated that:
“the investigative interviewing approach…is gradually achieving broad acceptance at universal level”;
“the Committee recommends that…the development of adequate initial and ongoing professional training on interviewing techniques is key in the effective implementation of any such framework for police interviewing”
”The investigative interviewing approach has clearly inspired the CPT in its monitoring work”;
“The Committee considers that all the police officers concerned should receive detailed guidance on how interviews with suspects should be carried out”.
During practical work with trainers, participants:
- deepened their understanding of non-violent communication;
- learned the algorithm of application of investigative interview;
- learned key models for work: free recall, conversation management, strategic use of evidence;
- discussed why investigative interview is the future of investigation and is a key standard in many jurisdictions, including the International Criminal Court.
During the three days, investigators and prosecutors worked with a model case, which helped them go through the whole investigative interview algorithm: from choosing interview setting and establishing contact with interviewed, up to its completion and evaluation.
The training was organised within the framework of the Council of Europe project "Strengthening Ukrainian Law Enforcement Agencies During War and Post-War Period".
