Investigative interviewing are techniques investigation/information gathering methods developed scientifically to help the examination process of witnesses, victims and suspects in criminal cases may result in effective and reliable information. With its universal and scientific approach, investigative interviewing techniques are applicable in any cultural contexts, including in Indonesia.

Because investigative interviewing do not make the suspect's confession the main goal, but in accordance with the basic objective of the investigation to collect evidence. • Torture is prone to occur in a series of investigative activities, the process of arrest, transfer from the location of arrest to detention. The application of investigative interviewing techniques can help the authorities to realize the principle of presumption of innocence and avoid torture in the investigation process.

Apart from being considered to help prevent torture from occurring, the information obtained from investigative interviews is considered more reliable because the process does not involve intimidation, coercion or manipulation. Thus, it is less likely for evidence being inadmissible by the court.

  • Physical and non-physical preparation;
  • Interview planning;
  • Build rapport and explain to interviewees the purpose and process of the interview to be conducted;
  • Give the interviewee the opportunity to provide information with as little distraction as possible;
  • Closing the interview;
  • Evaluate either independently, with superiors, or with other colleagues.

Of course, to be able to carry out the steps mentioned above properly, training needs to be carried out and there needs to be clear implementation instructions for each member.

The investigative interviewing is a model or framework that does not require any particular device or tool. The strength of investigative interviews lies in the officers' understanding of the proper way to conduct interviews and the reasons why such methods are considered appropriate. With this understanding, investigators can adapt the model used to the existing situations and conditions.

  • There needs to be commitment and support from the top leadership of the INP regarding the need for the Police to transform from interrogations to investigative interviewing.
  • Various laws and regulations and internal regulations of the INP have values contained in the principles of effective investigative interviews for investigations and information gathering. Thus, only little policy adjustment is needed to integrate investigative interviews.
  • To be able to carry out investigative interviewing techniques effectively, of course, the INP must train these techniques in its education and training institutions.

 

Investigative interviewing is universal and therefore necessary and applicable to all crimes. If investigative interviewing is integrated, the task of investigators and intelligence offices will be much easier because there is a clear framework that can be followed, from the preparatory and planning stages to the closing stage.

  • Together with NCHR (Norwegian Centre for Human Rights) of the University of Oslo, the FRR Law Office has introduced and developed investigative interviewing techniques in Indonesia since 2015.
  • FRR Law Office has also translated several materials regarding investigative interviewing into Indonesian which can be accessed at https://frrlawoffice.com/references/
  • FRR Law Office is committed to continuing to work with relevant stakeholders to introduce investigative interviewing and the Mendez Principles especially for law enforcement officials in Indonesia.

 

What are the Mendez Principles?
The Mendez Principles is the abbreviated name of the UN document approved by the UN Human Rights Council as a soft law reference in 2021 entitled "Principles of Effective Interviewing for Investigation and Information Gathering". The Mendez Principles consist of 6 (six) Principles, as follows:

  • Principle 1 On Foundations: Effective interviewing is instructed by science, law and ethics;
  • Principle 2 - On Practice: Effective interviewing is a comprehensive process for gathering accurate and reliable information while implementing associated legal safeguards;
  • Principle 3 - On Vulnerability: Effective interviewing requires identifying and addressing the needs of interviewees in situations of vulnerability;
  • Principle 4 On Training: Effective interviewing is a professional undertaking that requires specific training;
  • Principle 5 - On Accountability: Effective interviewing requires transparent and accountable institutions;
  • Principle 6 - On Implementation The implementation ofeffective interviewing requires robust national measures.