NEW 2 Flashcards
ADDITIONAL MODERN TECHNIQUES:
(a) Rationalization
(b) Projection
(b) Minimization
It is the “use of reasons”, which is acceptable to the subject that led to the commission of the crime.
Rationalization
It is the process of “putting the blame” to another person, not alone to the suspect.
Projection
It is the act of “minimizing the culpability” of the suspect. The investigator convinces the suspect that a confession will reduce the offense and the penalty.
Minimization
PHYSICAL SIGNS OF DECEPTIONS:
(a) Sweating
(b) Color Change
(c) Dry Mouth
(d) Breathing
(e) Pulse
(f) Avoidance of Direct Eye Contact
Documenting an interrogation consists of three main phases:
- Note taking
- Recording, and
- Obtaining Written Statements
The three most widely accepted methods of keeping notes during an interrogation are:
- Mental Notes
- Written notes and
- Notes taken by a third party.
Is the process by which suspects are questioned with regard to their involvement in the activity which gave rise to the investigation.
An interrogation
Refers to an act by which “severe pain or suffering”, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him/her or a third person information or a confession.
TORTURE
Interpret the RA 9745 otherwise known as
“Anti-torture Law of 2009
It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.
TORTURE
FORMS OF TORTURE:
- Physical torture
- Mental/Psychological Torture
Is a form of treatment or punishment inflicted by a person in authority or agent of a person in authority upon another in his/her custody that “causes severe pain, exhaustion, disability or dysfunction of one or more parts of the body”
Physical torture
Refers to acts committed by a person in authority or agent of a person in authority which are calculated to affect or “confuse the mind” and/or undermine a person’s dignity and morale
Mental/Psychological Torture
These are some of the prohibited methods of interrogation:
- Stress Positions
- Beating
- Temperature Manipulation
- Waterboarding (mock drowning)
- Threats of Harm to Person, Family or Friends
- Sleep Deprivation
- Sensory Bombardment
- Violent Shaking
- Sexual Humiliation
- Prolonged Isolation
- Sensory Deprivation
The suspect is subjected to “forceful physical contact, either directly or through an instrument.”
Beating
The subject is strapped down and immobilized and “water is poured over the face” to create the sensation of asphyxiation or drowning.
Waterboarding (mock drowning)
The suspect is forced to maintain painful physical positions, such as “forced standing, and awkward sitting” or suspension of the body from a chain or other implement, for prolonged periods of time.
Stress Positions
The subject is “threatened with harm” against himself or against family or friends if he fails to cooperate with interrogators.
Threats of Harm to Person, Family or Friends
The subject is exposed for prolonged periods to extreme heat or to extreme cold.
Temperature Manipulation
The prisoner is deprived of normal sleep for extended periods through the use of stress positions, sensory overload, or other techniques of interrupting normal sleep.
Sleep Deprivation
Noise and Light - the prisoner is exposed “to bright lights, flashing” strobe lights and/or loud music for extended periods of time.
Sensory Bombardment
The interrogator forcefully shakes the subject. “Shaking” is a term of art for an established, violent interrogation method.
Violent Shaking
The subject is subjected to “sexually humiliating” behavior or forced to perform sexually humiliating acts, often in an attempt to exploit cultural and religious stereotypes regarding sexual behavior and induce feelings of shame, guilt and worthlessness.
Sexual Humiliation
The subject is denied contact with other human beings, including through segregation from other prisoners, for prolonged periods of time.
Prolonged Isolation
An act penalizing torture and other cruel, inhuman and degrading treatment or punishment and prescribing penalties
RA 9745
The person is subjected to “reduction or removal of stimuli” from one or more of the senses for prolonged periods.
Sensory Deprivation
Refers to “any physician freely chosen by the victim” or his /her duly authorized representative/s to conduct physical examination and treatment of tortured victims.
Independent and competent doctor
Refers to the “right of all persons in custody” to be informed in oral or written form, in a language or dialect understood by the alleged torture victim or the person concerned, of their right to demand a physical examination by a physician of his/her own choice.
Right to own choice
“Physicians who belong to agencies that are involved in the arrest and detention” of the victim shall not be included, unless the victim specifically allowed such examination and when circumstances require.
Independent and competent doctor
Refers to the “right of every person arrested”, detained or under custodial investigation or to prompt and thorough examination for the purpose of determining whether or not torture has been inflicted.
Right to Physical Examination
This also refers to access without “any delay to such an examination” which should be made before and after any acts of interrogation and immediately before and after any transfer of the person between detention institutions.
Right to Physical Examination
