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A practical guide to the Istanbul Protocol – for lawyers
identify those carrying out the examination and shall be signed.126
iii. Witness testimony
Interviews will need to be conducted with
the victim, the alleged perpetrator and any
witnesses to the events. The role of the interviewer is to obtain credible information from
the interviewee with the view to establishing
relevant facts relating to the torture.
(i) Protection issues
As affirmed in the Istanbul Protocol, “The
State is responsible to protect victims, witnesses and their families from violence,
threats of violence or any other form of intimidation that may arise pursuant to the
127
investigation.” This has been an issue in
several countries such as Sri Lanka where
the lack of effective victim and witness protection has been connected with reprisals,
intimidation and threats in torture cases.128
States should criminalise threats to victims and witnesses and complement these
measures with practical victim and witness
protection schemes.129 States should also
suspend the alleged perpetrators from duty
where the allegations are not manifestly illfounded.130
As a general rule investigators must consider
carefully and constantly the actual and potential consequences of the investigation on
victim and witness safety, especially where
the victim is in custody. Interviewers should
consider the following when conducting detainee interviews:
• It is essential to obtain the detainee’s
trust and to ensure that the detainees do
not place themselves in danger
• The detainee must fully consent to the
interview and to how the information
will subsequently be used
• The names and details of those interviewed should be taken so that it is possible to assess their safety in the course
of follow-up visits
• If there is a fear of reprisals, group inter-
views may have to be conducted in order
to avoid exposure of any specific person.
Alternatively they may be transferred to
another detention facility.131
(ii) Interviewing the victim
Given the nature of torture and its impact on
victims, it is of utmost importance that interviewers are sensitive to the person alleging
torture or other witnesses so as to avoid retraumatisation. Where necessary and possible, several interviews may be needed to
bring out the full story as it often takes time
for torture survivors to trust anyone conducting interviews.
As explained in the Istanbul Protocol, “From
the outset, the victim should be informed of
the nature of the proceedings, why his or
her evidence is being sought, if and how evidence offered by the alleged victim may be
used”, and the victim’s consent to the interview must be specifically received. Furthermore, the person alleging torture “should
be regularly informed of the progress of the
investigation.”132
The basic aim of an interview will be to reveal the following:
• “The circumstances leading up to the
torture, including arrest or abduction
and detention[…]
• Approximate dates and times of the torture[…]
• A detailed description of the persons involved in the arrest, detention and torture[…]
• Contents of what the person was told or
asked[…]
• A description of the usual routine in the
place of detention and patterns of illtreatment[…]
• A description of the facts of the torture,
including the methods of torture used…
• Whether the individual was sexually assaulted[…]
• Physical injuries sustained in the course
of the torture[…]
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