2. Consent and confidentiality
If an interviewee is implicated in crimes or violations then confidentiality should
not be guaranteed. We must retain the ability to share the information with an
appropriate authority. Similarly, if the interviewee is a serving government official,
they are generally deemed to be providing the “official version” of events and thus
confidentiality should not be guaranteed, nor is it necessary to obtain consent to
use or share the information.
If the interviewee is implicated but seeks to implicate others and will do so only
on the condition of confidentiality, then you should contact leadership. The same
goes for any currently serving official who seeks an “off-the-record” meeting. If
a discussion with HQ is impossible, exercise caution and your best judgement
to assess the value of obtaining the information in light of factors such as the
likelihood that a future violation can be prevented, or more serious violations
exposed, if confidentiality is assured.
Take care to duly note in the interview record any understandings or undertakings
with regard to confidentiality. Take exceptional care with security risks.
3. Information on APs from pro-government forces
Whenever interviewing a defector from armed forces, inquire about the unit up to
division level and down to battalion level; for security services ask about the service,
the branch, and the post. Ask about their structure, leadership, and headquarters
and operations location. Do this even if there is no alleged violation. You will have
to use your professional judgment as to the best way to get at this information
considering the comfort level of the interviewee.
When interviewing defectors, ask about their unit’s commanders and the
commanders’ potential involvement in human rights violations, rather than their
own involvement in (leading) military operations. Of course, rather than beginning
the interview with such questions, it may be wise to ask first about “successful” or
“unsuccessful” operations, and to bring up violations later.
Collect as much information as possible on the AP named by the interviewee,
including rank, full name, unit or service, and exact circumstances of the
perpetrator’s involvement (location and date, etc.).
ANNEXES
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