56
Human Rights in Counter-Terrorism Investigations
Some witnesses may be vulnerable, either due to their own personal circumstances or to the traumatic nature of the events they have witnessed, or they
may be victims. Investigators need, therefore, to be aware of this possibility
and ensure that the way in which they deal with witnesses does nothing to
aggravate possible vulnerabilities and traumas. Appropriate training to sensitize investigators to victims’ special needs and providing them with adequate
guidance is beneficial. Apart from the possibility of violating the prohibition
on ill-treatment, inappropriate handling of witnesses is unlikely to result in
quality evidence, and will probably make the person lose trust in the police.
The following general points may prove useful when interviewing witnesses,
bearing in mind that the legal requirements of the jurisdiction must always be
taken into account:
• The interview must be planned in advance, and the interviewer must be
prepared, have all the available information about the matter on hand,
and clearly understand the objectives of the interview;
• The witness’s age, gender, mental capacity, maturity, religion or culture
(where this is relevant), emotional state, relationship with the suspect (if
any) and relationships with other witnesses must be taken into account.
Vulnerable witnesses, such as children, should have an independent party
present to protect their interests. Female witnesses might feel more
comfortable if they are interviewed by a female police officer;
• As witnesses might often also be victims of terrorist acts, due regard
should be paid to their vulnerability, to avoid any additional trauma and
re-victimization;
• The interview should take place where the witness feels safe and
comfortable, not necessarily in a police station, prosecutor’s office or
even his or her own home. Sufficient time must also be set aside, and
a potentially long interview should not start when either the witness or
investigator is tired or hungry or likely to be distracted by other things;
• At the beginning of the interview, the investigator should address any
fears or concerns that the witness has. The conversation should deal with
non-contentious issues first, and the investigator should use this as an
opportunity to assess the witness’s understanding of the process and put
him or her at ease;
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents