The director general of National Police Administration (NPA), Ting Yuan-chin
At about the same time this personnel change was under consideration, a district judge ruled for the defendant in a narcotics case who had argued that the written confession taken from him during police interrogation was made involuntarily. When the judge reviewed the videotape of the defendant's interrogation, he was surprised to discover that the taping of the confession was nothing more than a word-by-word recitation of a prepared written confession. The judge therefore found the defendant not guilty.
The credibility of written statements taken during interrogations have long been the subject of skepticism. One criminal court judge reportedly removes the statements before reviewing case files, so he won't be swayed by misleading statements. In addition to a long-standing history of statements extracted under torture, the root of this widespread skepticism about confessions is the attitude of some police officers that the interrogation process is a mere formality.
According to Article 100 of the Criminal Prosecution Law, the interrogation of a defendant should be audiotaped from beginning to the end. The law says that the interrogation should be videotaped, when necessary, without interruption. The drafters of the article said their legislative intent was to establish the credibility of written statements taken during interrogation and ensure the legality of the prosecution process. This was deemed necessary because defendants often argue during their trials that either the statements were erroneous or that they were subjected to torture during interrogation.
Nevertheless, the police have found loopholes in this well intended policy. The police get around the law specifically mandating videotaping and audiotaping of the entire interrogation process by having suspects read prepared statements. No wonder the judge in the above-mentioned narcotics case was unable to overlook this flawed and illegal interrogation process, and ruled in favor of the defendant.
To eliminate the fabrication of written statements and the use of torture to compel confessions, there should be a legal amendment to eradicate the practice of taking written statements during police interrogation. However, until such an amendment can be passed, the new NPA director general should endeavor to improve the accuracy and credibility of written statements made during interrogations.
It would be best to work out with the courts and prosecutors a system to supervise interrogations. Procedures for monitoring interrogations should be explicitly set out and implemented. A budget should also be allocated for equipping interrogation rooms in police stations nationwide with video and audiotaping facilities.
The NPA should also coordinate with the courts and prosecutors to establish a uniform system for the safekeeping of such tapes. Personnel who specialize in taking statements should also be given additional training in both the legal system and interrogation.
The quality of suspects' statements is closely related to the quality of criminal verdicts. What seems to be a minor link in the criminal investigation chain often has a decisive impact on a prosecution. It should not be overlooked.
Lo Ping-cheng is an attorney and the executive director of the Non-Governmental Judicial Reform Fund
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