Preparing an investigation plan An investigation plan sets out in writing: ■■ Who the parties are, including their contact details; ■■ The types of physical, documentary and testimonial evidence that will be required; ■■ The persons or organizations that have the evidence; ■■ The identity of the witnesses and their relationship to the parties, if any; ■■ Expert testimony that might be required; ■■ The time frame for the various steps of the investigation; and ■■ A summary of the key issues raised by the complainant and the steps required to substantiate or verify the related facts. During the investigation, the plan may be modified to take into consideration new facts and developments, but its initial formulation will be based on the complainant’s allegations and supporting documentation, as well as on the alleged perpetrator’s rebuttal. Collecting evidence Three types of evidence may be gathered in a human rights investigation: physical; documentary (both physical documents and digital information); and testimonial. Physical evidence is any evidence of a physical nature that could prove or disprove an allegation, such as blood, weapons, fingerprints or bruises on the alleged victim’s body. Documentary evidence refers to photographs; notes that refresh memory as to events, feelings or observations; letters, reports (from NGOs, the police, etc.), hospital or police records or notebooks, memos, etc. that may serve to help prove or disprove the allegation. Increasingly, e‑mails and computer records and other forms of electronic or digital information are critical forms of evidence. Testimonial evidence includes statements of the parties and of witnesses but also of others who may be in a position to corroborate one or other piece of evidence. Conducting interviews Since much of the evidence in human rights cases is collected through interviews, it is essential for investigators to be fully versed in interviewing techniques. Interviews with witnesses should be structured, organized and professional. The interviewer should take notes during the interview and these should be finalized as soon as possible after the interview is finished. The notes should be specific and accurate, and set out the key information provided by the witness on issues that are material to the case. Unless the exact words of the witness are crucial, notes should not be verbatim transcripts of the interview. Some institutions may record certain testimonial evidence. While this is a good way of ensuring that the investigator does not misinterpret the evidence, testimony should not be recorded without the informed consent of the witness. This is especially important when safety and/or security are an issue, in which case procedures should be put in place to protect the identity of the interviewee. Generally, audio recordings are needed. The interview process can be divided into the following phases: preparation; introducing the process and engaging the witness; obtaining the witness’s account; documenting the interview; and, finally, evaluating the evidence. As with the division of the investigation process, the above-mentioned description is used for the purposes of this module and may not correspond exactly with how an individual institution conducts interviews. 86