Professional Documents
Culture Documents
SUSPECT INTERROGATION
By John Bosco SIBOYINTORE
LLB(Hons),LLM, DLP
NATIONAL PROSECUTOR & HEAD OF GFTU
ILPD TRAINER
COURSE CONTENT
• INTRODUCTION
• DEFINING INVESTIGATION AND ITS PURPOSE
• THE THEORY OF INFORMATION-BY DR.WILMER
• THE CRIME SCENE/LOCARD’S PRINCIPLE
• LOOKING AT DIFFERENT TOOLS FOR INVESTIGATION
• ABC
• 5WH
Cont’n
• RAPPORT
• PEACE MODEL
• ADVOKAT
• 10 POINT SUSPECT DESCRIPTION
• THE INVESTIGATION TRIANGLE
• DEFENCE OF ALIBI
• CREDIBILITY OF WITNESSES
Cont’n
SUSPECTS INTERROGATION
WITNESS INTERVIEWING
PRINCIPLES IN WRITING A STATEMENT
EVIDENCE
DUE PROCESS OF LAW
RELEVANT CASE LAWS
Quote
Pay Attention
(Look at the speaker directly, Avoid distracting thoughts,
Environmental factors are friendly, Don't mentally prepare a
rebuttal) Show That You're Listening
(Nod / Smile and use other facial expressions, Posture is open
and inviting , Use small verbal comments like yes, and uh huh)
Cont’n
•Provide Feedback (Paraphrase what has been said occasionally, Ask clarifying questions,
Summarize the speaker's comments periodically)
•Defer Judgment (Allow the speaker to finish before asking questions, Don't interrupt with
counter arguments)
Respond Appropriately (Be candid, open and honest in your responses, Assert your
opinions respectfully )
Only by listening closely will you be able to formulate appropriate questions in relation to
what you have been told by the witness.
If you are listening then there is less chance of you interrupting the witness by asking them
to repeat what they have said.
EFFECTIVE QUESTIONING
Victim Suspect
scene of crime
SOME CRIME SCENE VOCABULARY
Chain of Custody: This means the documented and unbroken transfer of evidence.
• Circumstantial Evidence: (indirect evidence) evidence used to imply a fact but
not prove it directly.
• Class Evidence: Material that connects an individual or thing to a certain group
(e.g individual evidence);
• Crime-Scene investigation: A multidisciplinary approach in which scientific and
legal professionals work together to solve a crime.
Cont’n
• Crime-Scene reconstruction: This is a hypothesis of the sequence of events from before
the crime was committed through its commission.
• Direct Evidence: Evidence that (if true) proves an alleged fact, such as an eyewitness
account of a crime.
• First responder: The first police officer to arrive at a crime-scene
• Individual Evidence: This is a kind of evidence that identifies a particular person or thing.
• Paper bindle: This is a folded paper used to hold trace evidence.
• Primary Crime-Scene: This is the location where the crime took place.
EVIDENCE
In Criminal Matters evidence is a must. So what is the meaning of evidence?
It is the available body of facts or information indicating whether a belief or
proposition is true or valid.
It can therefore be called a proof, contestation, confirmation, verification,
substantiation, corroboration, affirmation, authentication, attestation, grounds for,
support for, backing for, etc, etc, etc. It is said that anything can be evidence so long
as it is permitted by the Law.
TYPES OF EVIDENCE
Evidence can be Physical, Testimonial, Documentary or biological.
• Physical Evidence:
Physical evidence usually involves objects found at the scene of a crime. Physical
evidence may consist of all sorts of prints such as fingerprints, footprints,
handprints, tidemarks, cut marks, tool marks, etc. Examination of some physical
evidence is conducted by making impressions in plaster, taking images of marks, or
lifting the fingerprints from objects encountered.
Cont’n
• These serve later as a comparison to identify, for example, a vehicle that was
parked at the scene, a person who was present, a type of manufacturing method
used to create a tool, or a method or technique used to break into a building or
harm a victim.
• Testimonial Evidence is a person's testimony offered to prove the truth of the
matter asserted. Especially, evidence elicited from a witness. This is very
common in Rwanda, it may in some cases be the only evidence in a case file.
Documentary Evidence
• A Documentary evidence is a type of evidence used at trial to show certain
information to the Court or Judge/Jury.
• Although the phrase “documentary evidence” is sometimes used only to refer to
wills, trusts, or invoices, any type of evidence that presents recorded information
in some way can be considered “documentary.” Written documents, photographs,
videos, sound recordings, and printed e-mails or web pages are all examples of
documentary evidence.
• Documentary evidence is typically admitted at trial as an exhibit.
Direct and Circumstantial Evidence
• Direct evidence is evidence that directly proves a fact that is at issue in the case.
For instance, eyewitness testimony that “I saw the two cars collide” is direct
evidence, because it directly demonstrates a certain fact. Whereas
• Circumstantial evidence is evidence that relies on an inference to connect it to a
conclusion of fact—such as a fingerprint at the scene of a crime. By contrast,
direct evidence supports the truth of an assertion directly—i.e., without need for
any additional evidence or inference.
Evidence vis a vis Suspect
• Once evidence is gathered, an individualized assessment must be done to identify
particular charges which fit the specific circumstances of the criminal case given.
• In other words, charging someone before a court is to explain to the judge/or the
jury about the law applicable to the alleged facts accomplished by the suspect
during a criminal case.
• Identify evidence likely to provide reliable information about the crime being
investigated. Evidence has to be married with the Suspect’s alleged acts. In other
words, there must be a nexus linking the evidence to the suspect. (Karen M. HESS
and Christine Hess ORTHMANN, Criminal Investigation, 9ed,(2010). 647p.
WEIGHING EVIDENCE FOR
PROSECUTION
• The prosecutor decides if there is enough evidence against the defendant and
whether a Prosecution is required in the Public interest.
o It is necessary to keep in mind that the Prosecutor is an investigator’s legal adviser
throughout the process-during the investigation, the pre-trial Conference and the
Court Presentation. Every prosecutor has a task of choosing reasonable charges to
bring before court.
o Two elements should be analyzed here: Are facts correct to be considered as an
offence? Does a prosecution action fit the public interest of the society?
Cont’n
• When they are reviewing a case, prosecutors must always consider whether the
charges against the defendant are correct. They have to make sure that the
charges reflect the seriousness and extent of the offending and give the court
sufficient sentencing powers.
• It is just as important that the choice and number of charges allow the case to be
explained to the court in a clear and simple way.
• This means that from time to time a prosecutor may alter the charge against the
defendant if there is one that fits the circumstances of the offence better”.
TYPES OF EVIDENCE
Testimonial evidence includes oral or written statements given to
police as well as court testimony by people who witnessed an event.
Physical evidence refers to any material items that would be present
at the crime scene, on the victims, or found in a suspect’s
possession.
Trace evidence refers to physical evidence that is found in small but
measurable amounts, such as strands of hair, fibers, or skin cells.
PURPOSE OF EVIDENCE
May prove that a crime has been committed
Establish key elements of a crime
Link a suspect with a crime scene or a victim.
Establish the identity of a victim or suspect
Corroborate verbal witness testimony
Exonerate the innocent.
Give detectives leads to work with in the case
IMPROPER EVIDENCE
• Improperly evidence is the evidence obtained by means of a violation of
the Law.
• It is said to be improperly evidence when it is in contravention of
international impropriety or contravention was contrary to or inconsistent
with a right of a person recognized by the International Covenant on
Civil and Political Rights, rights under art 14 of ICCPR or Art 69 (7) of
the Rome Statute. See what our Law of evidence provides as well.
CONTAMINATED EVIDENCE
• Contamination is the introduction of something to a scene that was not previously
there. This means trace materials are added to a crime scene after the crime is
committed. This can happen before, during and after authorities take samples of
the evidence from a scene.
• Refer to Loftus, EF & Cole, SA (2004) 'Contaminated Evidence', On 24 January,
Stephan Cowans was released from prison in Massachusetts, after serving 6 years
for the nonfatal shooting of a police officer, becoming the 141st wrongfully
convicted person exonerated by forensic DNA testing.
Case Scenario of Contaminated evidence
On 26 April 1999, TV personality, Jill Dando was shot at point
blank range through the head at the entrance to her London
apartment.
The suspect, Barry George was convicted and sentenced to life in
prison. The court of appeal over turned the conviction in
November 2007. The new trial was in June 2008.He was
acquitted on 1 August 2008. Core to the appeal was the possible
contamination of evidence.
Firearms Discharge residue found in the accused's jacket pocket
matched the type found on the victim. The jacket was bagged and
tagged correctly, but then removed from it's protective bag and
placed on a work surface in a police photographic studio.
Cont’n
Other items from the crime scene such as the cartridge case as well as the door (which
the bullet hit after passing through the victims head, was photographed at the same lab.
In addition, the vehicle transporting the bagged jacket had not been sampled, and
therefore could have contaminated the packaging, which could have found its way
onto the jacket. In addition to this, George was arrested by armed police who handled
the said jacket.
Defense introduced this as possible contamination through a defense scientist with 30
years experience in this field. (Dr Lloyd). Correct procedure in this case....items should
be examined for trace elements prior to being taken to a photo lab.
Investigating/Examining Evidence
• Collected evidence should also be investigated so that it becomes relevant to the crime
being investigated:
Drug Chemistry – Determines the presence of controlled substances and the
identification of illegal narcotic drug
Trace Chemistry Identification and comparison of materials from fires, explosions, paints,
and glass.
Microscopy: Microscopic identification and comparison of evidence, such as hairs, fibers,
woods, soils, building materials and other materials.
Biology/DNA Analysis of body fluids and dried stains such as blood, semen, and saliva.
Cont’n
Toxicology – Tests body fluids and tissues to determine the presence of drugs
and poisons.
• Requires momentum
• Requires timing
• Requires control
• May only get one chance . . . be ready!
• Happens in steps
• Don’t rush it! Past trouble
• Similar incident in the past, admitted to it
• Third-person
• Denies virtually everything
• Prejudice on the interviewers part
PUBLIC INTEREST
• A prosecutor files a complaint for the public interest.
• When a crime is committed, the society is disturbed. Indeed, when a crime happens,
it affects the welfare of the society.
• The Law allows a Prosecutor to deliberately choose any other sanction which may
fit the offender. Such sanctions are different from imprisonment, they are divisive
measures.
• The decision taken by the prosecutor of prosecuting or just deciding divisive
measures must be identical for similar criminal cases (e.g amicable settlements for
torts and misdemeanors).
Complete Case and Filing a Case
• The Prosecution is supposed to transmits the complete case file to the competent
court. This case file should be fully furnished with evidence. It should be
complete after all investigations pertaining to how a crime was committed and the
alleged perpetrators indicated.
• The Prosecution should give a precise qualification of charges it is bringing
against an accused person, after fully conducting investigation.
Prosecution v. Kalisa
• In the Case No RPA 0573/08/HC/KIG of Prosecution v Kalisa Gakuba
Alfred and Rutajoga Eugene, the Court held that “the prosecution
cannot seize the Court and wait for the latter to investigate on its
behalf in order to inform the prosecution the qualification of the
criminal act”. Therefore, Prosecutors are responsible for deciding
whether a person should be charged with a Criminal Offence, and if so,
what that charge should be and bring it against the alleged offender.
DEFENCE OF ALIBI
• Definition: Simply means that the accused was not at the scene of the crime when
it took place and therefore could not have committed the crime.
• A complete alibi must include three components:
1. A statement by the accused claiming they were not present at the crime scene
when the crime was committed.
2. An explanation of where they were.
3. Names of any witnesses who can confirm the alibi.
Alibi
• Strengths: In order for an alibi to be considered strong, all three
components must exist. If a full and reliable alibi can be presented,
this is the strongest defence an accused person can use and it will
likely lead to an acquittal.
• Weaknesses: Alibis generally become weak when there are no
witnesses to verify the claims made by the accused. If one or more of
the three basic components is missing, it becomes easier for the Court
to raise doubts about the alibi's credibility.
Cont’n
• An alibi does not constitute a defence in its proper sense. An accused does not
bear the burden of proving his alibi beyond reasonable doubt.
• Rather, “[h]e must simply produce the evidence tending to show that he was not
present at the time of the alleged crime” or, otherwise stated, present evidence
“likely to raise a reasonable doubt in the Prosecution case.”
• If the alibi is reasonably possibly true, it must be accepted.
• Where an alibi is properly raised, the Prosecution must establish beyond
reasonable doubt that, despite the alibi, the facts alleged are nevertheless true.
Cont’n
• The Prosecution may do so, for instance, by demonstrating that the alibi
does not in fact reasonably account for the period when the accused is
alleged to have committed the crime.
• Where the alibi evidence does prima facie account for the accused’s
activities at the relevant time of the commission of the crime, the
Prosecution must “eliminate the reasonable possibility that the alibi is
true,” for example, by demonstrating that the alibi evidence is not
credible.
DUE PROCESS OF LAW
You need to conduct an interview from witnesses or suspects to ensure you do not
violate the grand norm of the land which is the constitution. For example, Art 29 of
the Constitution of Rwanda
Article 29 stresses on the Right to due Process. It reads as follows:
Everyone has the right to due process of law, which includes the right:
Para 1) to be informed of the nature and cause of charges and the right to defence
and legal representation;
Cont’n
Para 2) to be presumed innocent until proved guilty by a competent Court;
Para 3) to appear before a competent Court;
Para 4) not to be subjected to prosecution, arrest, detention or punishment on account
of any act or omission which did not constitute an offence under national or
international law at the time it was committed. Offences and their penalties are
determined by law;
Para 5) not to be held liable for an offence he or she did not commit. Criminal liability
is personal;
Cont’n
Para 6) not to be punished for an offence with a penalty that is severer than the penalty provided
for by the law at the time that offence was committed;
Para 7) not to be imprisoned merely on the ground of inability to fulfil a contractual obligation;
Para 8) not to be prosecuted or punished for a crime which has reached its statute of limitations.
However, the crime of genocide, crimes against humanity and war crimes are not subject to
statute of limitations. A law may determine other crimes which are not subject to statute of
limitations.
If you do not conduct an interview it would be hard for instance to observe correctly para 1,
4,5,7, and 8. The rest are known principles of international law (read para 2 and 6).
Cont’n
Ensure the rights of witnesses are observed accordingly e.g: Rights of the
Victim Article 54 CPP
• Rights of the victim during interrogation
• To protect the victim’s privacy during interrogation, special attention must be paid
to the following with respect to the victim:
• 1° to be interrogated in the presence of a trusted person of his or her choice;
• 4° his or her right not to be confronted by the offender if he or she is a minor aged
under eighteen(18) years;
• 5° his or her right to be protected if he or she expresses concern for his or her safety
or if relevant organs consider that his or her safety may be compromised.
CONFROTATION
• Article 52: Confrontation
• The investigator or prosecutor in charge of case file preparation, either on own
initiative or upon request by any interested party may organize confrontation
between the suspects themselves, between witnesses or between the suspect and
witnesses, between the victim and witnesses or between the offender and the
victim of the offence.
• Every confrontation is subject to a statement.
Cont’d
• Interrogation 45CPP
• In case the suspect appears for the first time, the investigator or prosecutor verifies his/her
personal particulars and informs him or her of the charges against him or her and their legal
characterization and it is recorded in a statement.
• An investigator or prosecutor interrogates a suspect and makes a written record of the
statement made by the suspect. Interrogation is conducted in the language the suspect
understands well.
• The investigator or prosecutor may also interrogate any person presumed to have some
clarification and requests him or her to give testimony under oath in the manner provided for
under Article 47 of this Law.
Cont’d
Signing the statement (Article 51CCP)
• Each page of the statement is signed by the prosecutor or investigator and the
person interrogated. The person interrogated is asked to read and sign or affix
his/her fingerprint on his/her statement put in writing if he or she agrees to its
contents.
• If he or she is unable to read, the statement is read to him or her.
• If he or she refuses or is unable to sign or affix his/her fingerprint, his/her refusal
or inability is recorded in the statement.
Cont’d
Testimony of a person having participated in the commission of an offense (Article 48CCP)
• Any person having participated in the commission of an offence or a victim of offence may be
heard as a witness.
Minor’s testimony (Article 49 CCP)
• A minor aged under fourteen (14) years is qualified to testify as an adult.
• A minor aged under fourteen (14) years gives testimony without taking an oath but the court
ruling cannot solely rely on his/her testimony. In that case, the testimony of the minor must be
supported by other corroborative evidence.
OATH
• Article 47: Witness oath
• After giving their particulars, witnesses are interrogated one by one without the presence
of the suspect. With his/her right hand raised, the witness takes the following oath:
“I.................... swear to tell the truth. Should I fail to honour this oath, may I face the
rigours of the Law”.
• A witness who refuses to take the oath or lies after taking the oath to tell the truth is liable
to the penalties as provided for by the Law determining offences and penalties in general.
• Statements made by a witness are recorded in a statement.
PRINCIPLES OF WRITING A STATEMENT
The principles of what should be recorded in a statement remains constant and the
format and layout will very rarely change regardless of the type of incident being
described.
Basically it’s a story, and there should be a beginning, middle and an end.
Set the scene:
Give some background to the witness, marital / family status, where they were living
at the time, what their employment status was, etc.
Cont’d
Time and place:
Be as precise as possible in relation to a day, date, time and location, of all
incidents or events referred to in the statement.
Statement should be in chronological order:
Having conducted the interview you should be in a position to lay out the statement
in the order that depicts how events occurred. Beginning, middle and end.
Cont’d
No hearsay:
There are occasions where hearsay can be useful in that it corroborates what some
other person has actually witnessed, but try and avoid / discourage hearsay where
possible. Allow hearsay only if it can be collaborated.
Names and places in capital letters:
Although not a hard rule, in most cases names and locations are vital parts of the
statement, and this importance can be highlighted by having the relevant details in
Capital Letters.
Cont’d
Conversations in direct speech and capital letters:
Where a witness recalls exactly what was said, then it is important that it should be recorded in direct
speech and where necessary in capital letters. E.g: “ HE TOLD THE GATHEREING TO GO AND
KILL THEM”
Blank lines: Never leave blank lines or unnecessarily large gaps in the written statement.
Mistakes:
If a mistake is made then cross it out and have the witness initial the mistake and if necessary sign in
the margin.
TEMPLATE OF A STATEMENT
I have given this Statement voluntarily and I am aware that it may be used in legal
proceedings before the Nyarugenge Intermediate Court and that I may be called to
give evidence in public before the Court.
• Bassiouni and E.M. Wise, Aut dedere aut judicare: The Duty to Extradite
or Prosecute in International Law (1995)
GROUP ASSIGNMENTS
• GROUP 1: The Case of GAA at ICTR (www.unictr.org/cases/GAA) about Court Contempt,
Obstruction of Justice where a Prosecution Witness recanted by changing testimony in
favor of accused for bribe.
• Group 2 :The Case of Jean KAMBANDA(www.unictr.org/cases/Kambanda Jean) where
he made plea Bargain agreement with Prosecution and the Trial Chamber denounced the
agreement because of the gravity of the offence and the position of the accused (Former
Prime Minister).
• Group 3: The Case of Gen. Kabiligi Gratien former Chief of Staff (
www.unictr.org/Kabiligi Gratien) The Defence of Alibi that amounted to an acquittal.
Cont’n
Group 4: Jean MPAMBARA(www.unictr.org/cases/Jean Mpambara) Credibility of
Witnesses and contradictions that cost the prosecution to secure a conviction.
Group 5: The Case of Jean Paul Akayezu (www.unictr.org/cases/Akayezu Jean Paul)
About Witness Credibility and Prosecution Witness Discrepancies.
Group 6: The Case of BAGAMBIKI Emmanuel, Andre NTAGERURA and
MANISHIMWE Samuel. (www.unictr.org/BAGAMBIKI Emmanuel) Indictment
Vagueness.
END
THANK YOU FOR YOUR KIND ATTENTION