Educing Information: Interrogation - National Intelligence University

perspective of interrogation in the context of terrorist investigations in Northern
Ireland, which included reference to past use of interrogation tactics such as
sensory deprivation, rigorous exercise, withholding of food and water, and
inducing cramps through prolonged stances in certain positions. Superintendent
Sturgeon noted that although these techniques proved quite successful in gaining
intelligence they also alienated a vast proportion of the population and gave
terrorists a broader base of support from which to operate. Eventually, outrage
about these coercive interrogation techniques led to significant legal reforms in
the shape of the Police and Criminal Evidence Act (PACE) and the relevant Codes
of Practice.
As mentioned above, PACE and its Codes of Conduct forbid interrogators
to deceive subjects or to employ any sort of trickery to gain information from
them. Similarly, interrogators may not use psychological ploys common to the
Reid Technique, such as rationalization, projection, and minimization. In general,
the interrogator may not offer or suggest any reason to a suspect as to why he/
she should confess, but may tell a suspect that his or her cooperation would be
formally made known to the judge. It is relevant to note that these restrictions on
interrogation tactics apply with equal force to ordinary criminal investigations
and terrorism-related investigations.
Superintendent Sturgeon noted that these legal restrictions on interrogation
have made it impossible to secure a confession or incriminating admission from
a suspect. In fact, he went so far as to say that he cannot recall ever obtaining a
confession as a product of interrogation. Even though British law has attempted
to bridge this gap by eliminating the right of a suspect to remain quiet during
interrogation by allowing a judge to infer guilt from the suspect’s silence, Sturgeon
noted that judges rarely, if ever, exercise this discretion against suspects.
As a consequence of the legal restrictions imposed on interrogators in Britain
and their resultant inability to garner confessions, interrogations are now seen as
another step in the investigation process. According to Superintendent Sturgeon,
the PEACE method of interrogation described above conforms well to the view of
interrogations as a step in a broader investigation, and thus transforms the goal of
interrogation from obtaining confessions to securing information to advance the
investigation. In this context, Sturgeon highlighted the importance of thorough
preparation prior to beginning the interrogation. This preparation includes an
interview coordinator, whose job it is to read every document relevant to the
person to be interrogated and to outline the topics that the interrogation should
cover. The interrogation itself is conducted by two interrogators: the “lead,” who
is responsible for asking the questions, and the “sweeper,” who covers anything
left out by the lead. Sturgeon made clear that the Engage and Explain portion of
the PEACE method relies heavily on rapport, which he described as being based
on the concepts of reciprocity and respect. This last point is significant in that
Superintendent Sturgeon sees the process of establishing rapport not as an attempt
to engage in insincere chit-chat with a suspect, but as an opportunity to treat him
or her humanely and with respect so as to foster some sense of reciprocity in the
encounter.
222