nothing or even deny any sexual assault. It is
often only on the second or even third visit, if the
contact made has been empathic and sensitive to
the person’s culture and personality, that more of
the story will come out;
(viii) Physical injuries sustained in the course of the
torture;
(ix) A description of weapons or other physical
objects used;
(x) The identity of witnesses to the events involving
torture. The investigator must use care in protecting the safety of witnesses and should consider encrypting the identities of witnesses or
keeping these names separate from the substantive interview notes.
edgeable about torture issues (see chapters IV, sect. I,
and VI, sect. C.2).
(f) Information to be obtained from the person alleged
to have been tortured
99. The investigator should attempt to obtain as
much of the following information as possible through the
testimony of the alleged victim (see chapter IV, sect. E):
(i) The circumstances leading up to the torture,
including arrest or abduction and detention;
(ii) Approximate dates and times of the torture,
including when the last instance of torture
occurred. Establishing this information may not
be easy, as there may be several places and perpetrators (or groups of perpetrators) involved.
Separate stories may have to be recorded about
the different places. Expect chronologies to be
inaccurate and sometimes even confusing;
notions of time are often hard to focus on for
someone who has been tortured. Separate stories
about different places may be useful when trying
to get a global picture of the situation. Survivors
will often not know exactly to where they were
taken, having been blindfolded or semi-conscious. By putting together converging testimonies, it may be possible to “map out” specific
places, methods and even perpetrators;
(iii) A detailed description of the persons involved in
the arrest, detention and torture, including
whether he or she knew any of them prior to the
events relating to the alleged torture, clothing,
scars, birthmarks, tattoos, height, weight (the
person may be able to describe the torturer in
relation to his or her own size), anything unusual
about the perpetrator’s anatomy, language and
accent and whether the perpetrators were intoxicated at any time;
(iv) Contents of what the person was told or asked.
This may provide relevant information when trying to identify secret or unacknowledged places
of detention;
(v) A description of the usual routine in the place of
detention and the pattern of ill-treatment;
(vi) A description of the facts of the torture, including the methods of torture used. This is understandably often difficult, and investigators
should not expect to obtain the full story during
one interview. It is important to obtain precise
information, but questions related to intimate
humiliation and assault will be traumatic, often
extremely so;
(vii) Whether the individual was sexually assaulted.
Most people will tend to answer a question on
sexual assault as meaning actual rape or sodomy.
Investigators should be sensitive to the fact that
verbal assaults, disrobing, groping, lewd or
humiliating acts or blows or electric shocks to
the genitals are often not taken by the victim as
constituting sexual assault. These acts all violate
the individual’s intimacy and should be considered as being part and parcel of sexual assault.
Very often, victims of sexual assault will say
(g) Statement from the person who is alleging torture
100. The investigator should tape-record a detailed
statement from the person and have it transcribed. The
statement should be based on answers given in response
to non-leading questions. Non-leading questions do not
make assumptions or conclusions and allow the person to
offer the most complete and unbiased testimony. Examples of non-leading questions are “What happened to you
and where?” rather than “Were you tortured in prison?”.
The latter question assumes that what happened to the
witness was torture and limits the location of the actions
to a prison. Avoid asking questions with lists, as this can
force the individual into giving inaccurate answers if what
actually happened does not exactly match one of the
options. Allow the person to tell his or her own story, but
assist by asking questions that increase in specificity.
Encourage the person to use all his/her senses in describing what has happened to him or her. Ask what he or she
saw, smelled, heard and felt. This is important, for
instance, in situations where the person may have been
blindfolded or experienced the assault in the dark.
(h) Alleged perpetrator’s statement
101. If possible, the investigators should interview
the alleged perpetrators. The investigators must provide
them with legal protections guaranteed under international and national law.
3.
Securing and obtaining physical evidence
102. The investigator should gather as much physical
evidence as possible to document an incident or pattern of
torture. One of the most important aspects of a thorough
and impartial investigation of torture is the collection and
analysis of physical evidence. Investigators should document the chain of custody involved in recovering and preserving physical evidence in order to use such evidence in
future legal proceedings, including potential criminal
prosecution. Most torture occurs in places where people
are held in some form of custody, where preservation of
physical evidence or unrestricted access may be initially
difficult or even impossible. Investigators must be given
authority by the State to obtain unrestricted access to any
place or premises and be able to secure the setting where
torture allegedly took place. Investigative personnel and
other investigators should coordinate their efforts in
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