IBAHRI and APT publish ‘Toolkit for Defence Lawyers: Applying the Méndez Principles in Legal Practice’

Friday 26 June 2026

On United Nations International Day in Support of Victims of Torture on 26 June, the International Bar Association’s Human Rights Institute (IBAHRI) and the Association for the Prevention of Torture (APT) published a Toolkit for Defence Lawyers: Applying the Méndez Principles in Legal Practice.

The risks of torture and ill-treatment are particularly high during the early stages of police custody. Coercive practices during this critical period such as intimidation, threats or physical and psychological abuse can lead to false confessions, unreliable information and serious miscarriages of justice. Based on science, law and ethics, the Principles on Effective Interviewing for Investigations and Information Gathering, also known as the Méndez Principles, propose a concrete alternative to coercive interrogations and provide clear guidance to prevent abuse while ensuring that investigative and intelligence-gathering processes remain effective. They contain six principles that contribute to constructing criminal justice systems that respect and protect human rights and promote an effective interviewing framework supported by the implementation of legal and procedural safeguards.

In forewords to the toolkit:

IBAHRI Director, Baroness Helena Kennedy LT KC, remarked: ‘During my career as a criminal defence barrister, I have witnessed first-hand the impact of coercive interrogations on suspects and criminal justice systems. As lawyers, we know that evidence tainted by coercion is inherently unreliable and should not be admitted by courts of law. While being acutely aware of the significant restrictions and challenges that defence lawyers face globally, we have a crucial role in identifying and challenging tainted evidence, for which we develop antennae as we become more experienced in the law. It is also imperative that we insist on the rigorous application of legal and procedural safeguards to prevent such mistreatment from occurring in the first place. The Méndez Principles offer lawyers a framework to contest coercive practices and advocate for their replacement with rapport-based interviewing and associated safeguards, both within and outside of the courtroom. I hope that this toolkit is of assistance in this regard and commend the courage and commitment of lawyers, legal aid providers and bar associations worldwide who strive to protect the rights of their clients, promote the cause of justice and uphold human rights and the rule of law.’

APT Secretary General, Nicole Hogg, stated: ‘...Defence lawyers can play a decisive role in upholding the rights of people facing coercive interrogation practices. Lawyers are often the first independent actors to engage with individuals at risk, placing them in a unique position to ensure the application of safeguards, detect abuse and trigger protection mechanisms. Your actions can shape both individual outcomes and broader institutional practices by advocating for systemic reforms that strengthen both prevention and accountability. This toolkit aims to support lawyers in putting the Méndez Principles into practice. I hope you find it valuable in your work and draw inspiration from it, while recognising that not all of the content will be directly applicable in diverse national legal contexts. I commend the dedication of legal professionals worldwide working to upholding human rights, protecting dignity and advancing fair and effective criminal justice systems.’

Based on regional and international human rights law, standards and norms, the toolkit distils the most relevant tenets of the Méndez Principles and corresponding legal and ethical frameworks, for defence lawyers, legal aid providers and bar associations. It seeks to support defence practitioners with using the Méndez Principles in legal practice and advocacy for a fairer criminal justice system in their own context, while recognising the wide variance in criminal law, procedure and practice, as well as the significant constraints and challenges facing defence lawyers around the world. The toolkit provides an overview of international standards on challenging tainted evidence and considers redress for interview-related wrongdoing. It shares legal strategies and arguments, comparative jurisprudence and guidance on cooperating with independent medical experts and oversight and other mechanisms.

IBAHRI Programme Lawyer, Cath Kent, co-author of the toolkit, commented: ‘The toolkit seeks to assist defence practitioners in identifying best practice, as per international and regional frameworks, in systematically reducing the risks of torture or ill-treatment and promoting the integrity of the justice system within the realities in which they operate. Challenging and excluding tainted evidence within criminal justice systems is central to upholding the absolute prohibition against torture and ill-treatment and a means of restitution for victims and survivors. We welcome further exchange and collaboration with criminal justice stakeholders on this vital issue in legal practice, which is a priority focus under the IBAHRI’s torture prevention programme.’

Adopted in May 2021, this year marks the fifth anniversary of the Méndez Principles, which have begun to transform investigations by replacing coercive interrogation with effective, human rights-respecting interviewing techniques. Initiated by Professor Juan E Méndez, former UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (2010–2016), the Principles were developed by experts in the fields of interviewing, law enforcement, criminal investigations, national security, military, intelligence, psychology, criminology and human rights worldwide with the support of the Anti-Torture Initiative, the APT and the Norwegian Centre for Human Rights.

ENDS

Contact: IBAHRI@int-bar.org

Notes:

1. Related items:
   • IBAHRI conversation with Professor Juan Méndez and Dr Pau Pérez-Sales on the Protocol on Non-Coercive Interviews (September 2018)
   • Expression of Support to the Principles on Effective Interviewing for Investigations and Information Gathering from the International Bar Association’s Human Rights Institute (January 2022)
   • Implementing the Principles on Effective Interviewing for Investigations and Information Gathering (April 2022)
   • IBAHRI supports application of the Méndez Principles to end coercive interviewing (May 2022)
   • IBAHRI marks International Day in Support of Victims of Torture (June 2025)
      
2. The International Bar Association’s Human Rights Institute (IBAHRI), established in 1995 under Founding Honorary President Nelson Mandela, is an autonomous entity working to promote, protect and enforce human rights under a just rule of law, and to preserve the independence of the judiciary and the legal profession worldwide.
   
3. Find the IBAHRI on social media here:
   • x.com/IBAHRI
   • www.facebook.com/IBAhumanrights
   • bsky.app/profile/ibahri.bsky.social
   • www.linkedin.com/in/iba-human-rights-institute/
      
4. The International Bar Association (IBA), the global voice of the legal profession, is the foremost organisation for international legal practitioners, bar associations and law societies. Established in 1947, shortly after the creation of the United Nations, with the aim of protecting and promoting the rule of law globally, the IBA was born out of the conviction that an organisation made up of the world's bar associations could contribute to global stability and peace through the administration of justice.

Website page link for this news release:
Short link: tinyurl.com/6u8bj22u
Full link: www.ibanet.org/IBAHRI-and-APT-publish-Toolkit-for-Defence-Lawyers-Applying-the-Mendez-Principles-in-Legal-Practice