evaluation. Examples of various contexts include, but are
not limited to, the following:
(d) Safety of witnesses
95. The State is responsible for protecting alleged
victims, witnesses and their families from violence,
threats of violence or any other form of intimidation that
may arise pursuant to the investigation. Those potentially
implicated in torture should be removed from any position of control or power, whether direct or indirect over
complainants, witnesses and their families as well as
those conducting investigations. Investigators must give
constant consideration to the effect of the investigation
on the safety of the person alleging torture and other witnesses.
(i) In prison or detention in the individual’s home
country;
(ii) In prison or detention in another country;
(iii) Not in detention in the home country but in a
hostile oppressive climate;
(iv) Not in detention in the home country during a
time of peace and security;
(v) In another country that may be friendly or
hostile;
96. One suggested technique for providing a measure
of safety to interviewees, including prisoners in countries
in conflict situations, is to write down and keep safe the
identities of people visited so that investigators can follow
up on the safety of those individuals at a future return
visit. Investigators must be allowed to talk to anyone and
everyone, freely and in private, and be allowed to repeat
the visit to these same persons (thus the need for traceable
identities of those interviewed) as the need arises. Not all
countries accept these conditions, and investigators may
find it difficult to obtain similar guarantees. In cases in
which witnesses are likely to be put in danger because of
their testimony, the investigator should seek other forms
of evidence.
(vi) In a refugee camp setting;
(vii) In a war crimes tribunal or truth commission.
93. The political context may be hostile towards the
victim and the examiner, for example, when detainees are
interviewed while they are held in prison by their governments or while they are detained by foreign governments
in order to be deported. In countries where asylum-seekers are examined in order to establish evidence of torture,
the reluctance to acknowledge claims of trauma and torture may be politically motivated. The possibility of further endangering the safety of the detainee is very real and
must be taken into account during every evaluation. Even
in cases where persons alleging torture are not in imminent danger, investigators should use great care in their
contact with them. The investigator’s choice of language
and attitude will greatly affect the alleged victim’s ability
and willingness to be interviewed. The location of the
interview should be as safe and comfortable as possible,
including access to toilet facilities and refreshments. Sufficient time should be allotted to interview the alleged torture victim. Investigators should not expect to get the full
story during the first interview. Questions of a private
nature will be traumatic for the alleged victim. The investigator must be sensitive in tone, phrasing and sequencing
of questions, given the traumatic nature of the alleged victim’s testimony. The witness must be told of the right to
stop the questioning at any time, to take a break if needed
or to choose not to respond to any question.
97. Prisoners are in greater potential danger than persons who are not in custody. Prisoners might have different reactions to different situations. In one situation, prisoners may unwittingly put themselves in danger by
speaking out too rashly, thinking they are protected by the
very presence of the “outside” investigator. This may not
be the case. In other situations, investigators may come up
against a “wall of silence”, as prisoners are far too intimidated to trust anyone, even when offered talks in private.
In the latter case, it may be necessary to start with “group
interviews”, so as to be able to explain clearly the scope
and purpose of the investigation and subsequently offer to
have interviews in private with those persons who desire
to speak. If the fear of reprisals, justified or not, is too
great, it may be necessary to interview all prisoners in a
given place of custody, so as not to pinpoint any specific
person. Where an investigation leads to prosecution or
another public truth-telling forum, the investigator should
recommend measures to prevent harm to the alleged torture victim by such means as expunging names and other
information that identifies the person from the public
records or offering the person an opportunity to testify
through image or voice-altering devices or closed circuit
television. These measures must be consistent with the
rights of the accused.
94. Psychological counsellors or those trained in
working with torture victims should be accessible, if possible, to the alleged torture victim, witnesses and members of the investigating team. Retelling the facts of the
torture may cause the person to relive the experience or
suffer other trauma-related symptoms (see chapter IV,
sect. H). Hearing details of torture may result in secondary trauma symptoms to interviewers, and they must be
encouraged to discuss their reactions with one another,
respecting their professional ethical requirements of confidentiality. Wherever possible, this should be with the
help of an experienced facilitator. There are two particular
risks to be aware of: first, there is a danger that the interviewer may identify with those alleging torture and not be
sufficiently challenging of the story; second, the interviewer may become so used to hearing histories of torture
that he or she diminishes in his or her own mind the experiences of the person being interviewed.
(e) Use of interpreters
98. Working through an interpreter when investigating torture is not easy, even with professionals. It will not
always be possible to have interpreters on hand for all different dialects and languages, and sometimes it may be
necessary to use interpreters from the person’s family or
cultural group. This is not ideal, as the person may not
always feel comfortable talking about the torture experience through people he or she knows. Ideally, the interpreter should be part of the investigating team and knowl-
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