investigators should consider whether the information the person is likely to provide
could be obtained elsewhere or through means that do not require a meeting in person.
(c) Initial contact
When making initial contact, it is thus essential for investigators to assess the conditions
in which contact can take place without risk. The focus should be on protecting the
identity of cooperating persons and ensuring that it is not widely known that they have
been in contact with the commission/mission. Investigators can contact victims, witnesses
or sources directly or through an intermediary, such as a trusted person in the community
(e.g., tribal or religious leader) or a civil society organization.
(d) Visibility or discretion
Investigators usually choose discretion as the standard approach to protection and make
all efforts to draw the least possible attention to the persons they are meeting. It is of
paramount importance to protect the identity of the persons and to take all measures to
avoid exposing them and the contact with investigators to those who pose a threat.
In some situations visibility may be the better option and may afford the cooperating
person a measure of protection. However, should investigators opt for visibility, they
must first discuss this with the victims, witnesses or sources concerned and obtain their
views on the suitability of this approach, and their informed consent.
(e) Minimizing exposure
It is very challenging for members and investigators to go unnoticed when travelling
in United Nations or other identifiable official vehicles and accompanied by security
personnel in an area where foreigners or vehicles are rare. Investigators should adopt
measures, without undermining their own security, to reduce the exposure of the
community and the persons they will be meeting. For example, the investigator could
arrange for a trusted intermediary to make contact with the person and to accompany
the interviewee to a prearranged private venue and the investigator could enter and
leave the venue separately from the interviewee.
(f) Organizing and conducting interviews
An investigator could take a range of preventive measures when organizing and
conducting interviews, including:
• Selecting a venue that protects the identity of the interviewee, ensures his or her
safety and guarantees the confidentiality of the information provided. In some
instances, it may be preferable to conduct the interviews on United Nations
premises. In other instances, a hotel room may be the preferred option;
78
COMMISSIONS OF INQUIRY AND FACT-FINDING MISSIONS ON INTERNATIONAL HUMAN RIGHTS AND HUMANITARIAN LAW
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