Prawo do składania skarg na złe traktowanie podczas przesłuchania w postępowaniu karnym: prawo i praktyka na Litwie, w Serbii i Polsce

Anželika Banevičienė

Mykolas Romeris University
https://orcid.org/0000-0002-2855-6890

Zvonimir Ivanović

University of Criminal Investigation and Police Studies, Serbia
https://orcid.org/0000-0002-1101-6169

Denis Solodov

Uniwersytet Warmińsko-Mazurski w Olsztynie UWM
https://orcid.org/0000-0003-2884-9420

Abstract

The UN’s 2021 Principles on Effective Interviewing for Investigations and Information Gathering, also known as the Mendez Principles, promote an alternative approach to interviews, interrogations, and information acquisition by public officials. The document emphasizes the need to avoid coercion, psychological manipulation, and other forms of mistreatment that violate commonly recognized human rights and procedural guarantees. Research shows that coercive tactics can result in false confessions, unreliable information, unfair trials, and ultimately undermine the administration of justice. Principle 5 of the Mendez Principles addresses institutional accountability as a safeguard against improper interviewing methods, such as coercive, manipulative, or confession-focused tactics. It underscores the importance of transparent, confidential, and effective complaint mechanisms. The authors examine the procedures for addressing complaints in Lithuania, Serbia, and Poland, specifically concerning allegations of mistreatment during interviews and interrogations of adults in criminal proceedings. The study aims to assess how effectively these three countries handle complaints of mistreatment during interviews and interrogations, using the Mendez Principles as a benchmark. By comparing the complaint-handling procedures in Lithuania, Serbia, and Poland, the study seeks to identify commonalities and discrepancies in their approaches. It also highlights the legal and practical challenges these nations face in aligning their practices with the higher standards of protection outlined by the Mendez Principles. Ultimately, the study offers insights and recommendations for enhancing institutional accountability and improving complaint mechanisms to better safeguard human rights during the investigative process.

Keywords:

criminal procedure law, Mendez Principles on Effective Interviewing, mistreatment, complaint, institutional accountability, comparative analysis