55
Part 2
when discussing the rights of witnesses are their treatment in the process of
obtaining evidence and their security once they have assumed the status of
a witness. 58
The following human rights standards have to
be considered:
• Right to life;
• Prohibition of torture and other cruel,
inhuman or degrading treatment or
punishment;
• Prohibition of discrimination;
• Right to a fair trial; and
• Respect for private and family life.58
Detailed accounts
of the relevant law
and standards can
be found in Chapters
8–10 and 12–13 of the
Countering Terrorism,
Protecting Human Rights
manual.
2.1.1 Dealing with Witnesses
Witnesses may be identified in several ways: they may be obvious immediately, they may present themselves or they may come forward following a public appeal. There are many reasons why individuals may be reluctant to talk to
the police. Fear of reprisals, publicity and inconvenience, as well as fear, mistrust of or hostility towards the police or the legal system are all possible factors. Any public appeal should be done in such a way as to reassure individuals
wishing to share information. A confidential telephone line that people can
call anonymously may be helpful in encouraging them to come forward, and
can provide an opportunity to persuade them to identify themselves.
As with the questioning of suspects, interviewing witnesses is a specialist task
that calls for specific training if it is to be performed in a proper manner. The
purpose of the interview is to obtain accurate and reliable information about
the matters under investigation. A witness interview should be an open-minded
exercise in getting an account of what the witness knows, not one in building
up a case against a suspect. Those taking evidence from witnesses need to bear
in mind that it is very easy to influence witnesses deliberately or inadvertently.
Research has demonstrated that witnesses can be susceptible to suggestion and
eager to say what they think the investigator wants them to say.
58
OSCE commitments and international standards, op. cit., notes 20, 21, 22, 24, and 25.
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