Investigative interviewing: small steps on the way to a big goal

We strongly believe that even a small progress on the way to transforming the system into a more human-centered and fair one deserves recognition. Therefore, we are pleased to share important news with you: the focus on the use of investigative interviewing techniques in the work of the criminal justice system agencies has been enshrined at the regulatory level for the first time.

“We are truly satisfied with this advance because enshrining these approaches at the regulatory level as the horizons for the development of the system will add arguments in working with practitioners and those who make decisions about the inevitability of this approach in terms of obtaining information during investigation,” says Vasylyna Yavorska, JustGroup team leader.

Thus, the conduct of interrogations using investigative interview techniques was regulated in the interdepartmental order of July 26, 2024, No. №2218/5/180/523/352-Н/1306 “On approval of the Procedure for the implementation of the pilot project on the introduction of child protection centers (according to the Barnahus model )” for the first time at the national level. In addition, paragraphs 11 and 12 of the updated Action Plan for the implementation of the Counter-torture Strategy in the Criminal Justice System mention using the Méndez Principles to improve the effectiveness of investigations. These principles are the basis of an investigative interview methodology — a model of obtaining information during investigation in democratic countries.

This is the result of a lot of work of the ECHR Commissioner, the Prosecutor General’s Office, as well as fruitful cooperation of our experts, trainers, participants of development programs and the JustGroup team with various stakeholders and professional communities.  

“According to the results of discussions on the measures to be included in the updated Action Plan, together with law enforcement agencies, we have decided that the application of the Principles on Effective Interviewing for investigation and Information gathering (the Mendez Principles) should also be reflected in this strategic document,” said Marharyta Sokorenko, the ECHR Commissioner. “The Counter-torture Strategy was developed in response to the systemic problem of torture and ill-treatment and the lack of effective measures to combat torture in the criminal justice system, as stated by the ECHR. It is important for us that the inclusion of such a measure in the Action Plan is, first of all, a common position of law enforcement agencies.”

She emphasized that, in addition to these two points, the Action Plan also provides for raising the level of professionalism of law enforcement agencies and incorporating the Méndez Principles into training programs and relevant training. Currently, discussions are underway to implement the Méndez Principles in the regulations and activities of pre-trial investigation and prosecution agencies, as well as to supplement codes of professional ethics with relevant provisions.

JustGroup is making efforts to ensure that using investigative interviewing techniques becomes a common practice for every investigator. To this end, a national coaching and expert team was formed, the Standards for Investigative Interviewing were developed, and a development program was designed. Thus, as of October 2024, 10 programs have been conducted for almost 270 prosecutors, investigators, and university scholars.

For example, this year alone, more than 40 prosecutors investigating war crimes have been trained. Yurii Bielousov, Head of the Department for Combating Crimes Committed in Conditions of Armed Conflict, the Prosecutor’s General Office, spoke about the change in prosecutors’ attitudes toward this methodology.

“We all want quick changes in the approaches and practices related to activities of criminal justice agencies, however, the implementation of conceptual and substantive changes takes a very long time. Ukraine is right now in a transitional period – a transition from a totalitarian system to a democratic one, which is reflected in the changes in the approaches of law enforcement officers to their work and the people they work with. Interrogations are perhaps the most striking area where this system difference is embodied. The classic interrogation is now a relic of the totalitarian system. Instead, the methodology of Investigative interviews meets all the standards of modern law enforcement activities. Eight years ago, there was almost no talk of Investigative interviews in the system, no one accepted this approach. The study evidences this “Tell me what happened or confess” we once conducted with JustGroup experts. But now, thanks to our cooperation, training of law enforcement officers and systematic promotion of this approach, involvement of practitioners who are listened to much better by colleagues, we can gradually change approaches to the perception of interrogation.”

We are grateful to our partners — the Norwegian Center for Human Rights of the University of Oslo and the United Nations Development Program in Ukraine — for their unwavering support. We appreciate their readiness to share their experience and introduce new approaches to the activities of law enforcement agencies in Ukraine.