Tactics of Interrogation of the Suspect in Criminal Proceedings in Accordance with the Practice of the European Court of Human Rights

Abstract

The purpose of the scientific article is to form the tactics of interrogation of a suspect in criminal proceedings, taking into account the practice of the European Court of Human Rights (ECHR). Achieving this goal led to the solution of the following tasks: to outline the importance of the practice of the European Court of Human Rights during the interrogation in criminal proceedings; to analyze certain decisions of the ECHR, which determine the tactics of interrogation of a suspect in criminal proceedings; to identify typical violations of the rights and freedoms of the suspect in accordance with the decisions of the ECHR, which led to the inadmissibility of tactics; to provide practical recommendations on the tactics of interrogation of a suspect in criminal proceedings, taking into account the practice of the ECHR. Methodology. Methodological tools are selected in accordance with the purpose, specifics of the object and subject of the research. The general dialectical method of scientific cognition is decisive. General scientific methods were also used, in particular, method of induction (in order to learn the techniques used in the interrogation of a suspect by law enforcement agencies, covered in the practice of the ECHR), and method of generalization (having research individual decisions of the ECHR in their entirety, it became possible to improve the criteria for the admissibility of tactics during the interrogation of a suspect). Among the special research methods the following are used: method of comparative law – during the analysis of decisions of the European Court of Human Rights and scientific categories; system-structural method – to form practical recommendations for compliance with the criteria of admissibility of tactics during the interrogation of a suspect in accordance with the decisions of the ECHR. The scientific novelty is to provide practical recommendations on the tactics of interrogation of a suspect in criminal proceedings, taking into account the practice of the ECHR. Conclusions. It has been found that the practice of the ECHR refers to the legal sources of forensic tactics; the tactics used in the tactics of interrogation of the suspect must meet the admissibility criteria, primarily taking into account the principle of legality, which is detailed in the decisions of the ECHR; violation of the criteria for the admissibility of tactics is due to cases of admission by law enforcement agencies to interrogated violations, which are identified in the decisions of the ECHR: the use of torture, the threat of torture to the interrogated persons and their relatives. It has been proven that the case law of the ECHR additionally guarantees human rights and freedoms by preventing law enforcement agencies from committing acts that violate the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Keywords: interrogation tactics; suspect; practice of the European Court of Human Rights; criminal proceedings; human rights and freedoms.