Forced confession

The teacher Ursula painfully tortured, whipped, beaten, and finally burned in Maastricht, AD 1570 engraved by Jan Luyken for the Martyrs Mirror, 1685

A forced confession is a confession obtained from a suspect or a prisoner by means of torture (including enhanced interrogation techniques) or other forms of duress. Depending on the level of coercion used, a forced confession is not valid in revealing the truth. The individuals being interrogated may agree to the story presented to them or even make up falsehoods themselves in order to satisfy the interrogator and discontinue their suffering.[1]

For centuries the Latin phrase "Confessio est regina probationum" (in English: "Confession is the queen of evidence") justified the use of forced confession in the European legal system. During the Middle Ages, acquiring a confession prior to a trial was especially important. The methods used to acquire a confession were considered less important than the actual confession itself, thus de facto sanctioning torture and forced confessions.

By the late 18th century, most scholars and lawyers thought of the forced confession not only as a relic of past times and morally wrong but also ineffective as the victim of torture may confess to anything just to ease their suffering.[citation needed]

Developments in the 20th century, notably the Universal Declaration of Human Rights, greatly reduced the legal acceptance of forced confessions. However, for most of legal history they have been accepted in most of the world, and are still accepted in some jurisdictions.

  1. ^ Boffa, Christa (8 July 2016). "Palazz Castellania". Illum (in Maltese). Archived from the original on 30 July 2016.

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