Méndez Principles: Enhancing Legality and Effectiveness of Investigation Process
Dao Anh Toi, Deputy Director General of the Department of Legal Affairs and Administrative and Judicial Reform, Ministry of Public Security:
Enhancing the Legality and Reliability of the Investigation Process
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| Dao Anh Toi, Deputy Director General of the Department of Legal Affairs and Administrative and Judicial Reform, Ministry of Public Security. (Photo: Thu Phuong) |
In the context of increasing global attention to improving investigative effectiveness, safeguarding human rights, and complying with international law, the organization of a workshop on the Méndez Principles, a comprehensive set of standards on effective, non-coercive interviewing techniques, holds particular significance. These principles provide solutions to traditional investigative methods, helping to reduce risks of torture, enhance the reliability of information obtained during interviews, and harmonize the practice of obtaining statements with human rights standards, thereby ensuring the lawful outcomes of investigative activities.
The Méndez Principles represent an important step forward in modernizing investigation and information-gathering processes. They reflect the integration of law, ethics, and science to ensure that justice is upheld without infringing on human rights. This is not only an objective requirement in the modernization of law enforcement agencies but also a necessary step to meet international commitments on preventing torture and cruel, inhuman treatment. The application of these principles helps enhance the legality and effectiveness of investigations while contributing to building public trust in the criminal justice system.
Sabina Stein, Assistant Resident Representative and Head of the Governance and Participation Unit at UNDP Viet Nam:
Cooperation in Training to Effectively Implement the Méndez Principles
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| Sabina Stein, Assistant Resident Representative and Head of the Governance and Participation Unit at UNDP Viet Nam. |
The Méndez Principles ensure that investigations are conducted on the basis of universal standards, thereby minimizing the risk of torture during investigative procedures. This is particularly important for the criminal justice system, which must build public trust and ensure that society believes the system will deliver justice and truth while protecting all those involved, from investigators to interviewees. In other words, the Méndez Principles aim to build a system that ensures justice for all.
The shift from confession-oriented approaches to evidence-based interviewing is directed primarily at those who conduct investigations: law enforcement officers who shoulder the responsibility of seeking truth and evidence. They need support, empowerment, and comprehensive skills. Training must be highly practical to help them effectively apply these principles in their daily work.
The implementation of the Méndez Principles requires adaptability and creativity. UNDP wishes to continue accompanying the Ministry of Public Security of Viet Nam in developing training programmes and capacity-building initiatives for investigators nationwide - those who are striving to contribute to ensuring the country’s safety.
We hope that following the workshop “Introduction to the Méndez Principles: Principles for Effective Interviewing in Investigation and Information Gathering,” UNDP and the Ministry of Public Security will continue discussions to identify the next steps and necessary requirements to support the effective implementation of the Méndez Principles in Viet Nam.
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