so as to have time to write down the main points of what
has been said between sessions.
turn, the outcome of the investigation. Likewise, the personal reactions of the investigator towards the person can
also affect the process of the interview and the outcome of
the investigation. It is important to examine the barriers to
effective communication and the understanding that these
personal reactions might impose on an investigation. The
investigator should maintain an ongoing examination of
the interview and investigation process through consultation and discussion with colleagues familiar with the field
of psychological assessment and treatment of torture survivors. This type of peer supervision can be an effective
means of monitoring the interview and investigation
process for biases and barriers to effective communication and for obtaining accurate information (see chapter VI, sect. C.2).
152. Investigators should remember to talk to the
person and to maintain eye contact, even if he or she has
a natural tendency to speak to the interpreter. It helps to
use the second person when speaking through the interpreter, for example “what did you do next”, rather than the
third person “ask him what happened next”. All too often,
investigators write their notes during the time when the
interpreter is either translating the question or the interviewee answering it. Some investigators do not appear to
be listening, as the interview is going on in a language
they do not understand. This should not be the case, as it
is essential for investigators to observe not just the words
but also the body language, facial expressions, tone of
voice and gestures of the interviewee if they are to obtain
a full picture. Investigators should familiarize themselves
with torture-related words in the person’s language so as
to show that they know about the issue. Reacting, rather
than showing a blank face, when hearing a torture-related
word such as submarino or darmashakra will add to the
investigator’s credibility.
149. Despite all precautions, physical and psychological examinations by their very nature may re-traumatize the patient by provoking or exacerbating symptoms
of post-traumatic stress by reviving painful effects and
memories (see chapter VI, sect. B.2). Questions about
psychological distress and, especially, about sexual matters are considered taboo in most traditional societies, and
the asking of such questions is regarded as irreverent or
insulting. If sexual torture was part of the violations
incurred, the claimant may feel irredeemably stigmatized
and tainted in his or her moral, religious, social or psychological integrity. The expression of a respectful awareness
of these conditions, as well as the clarification of confidentiality and its limits, are, therefore, of paramount
importance for a well-conducted interview. A subjective
assessment has to be made by the evaluator about the
extent to which pressing for details is necessary for the
effectiveness of the report in court, especially if the claimant demonstrates obvious signs of distress in the interview.
I.
153. When visiting prisoners, it is best never to use
local interpreters if there is a possibility of their being
considered untrustworthy by those interviewed. It may
also be unfair for the local interpreters, who may be
“debriefed” by the local authorities after a visit, or otherwise put under pressure, to be involved with political prisoners. It is best to use independent interpreters, clearly
seen as coming from elsewhere. The next best thing to
speaking the local language fluently is to work with a
trained interpreter with experience, who is sensitive to the
issue of torture and to the local culture. As a rule, codetainees should not be used for interpretation, unless it is
obvious that the interviewee has chosen someone he or
she trusts. In the case of people who are not in detention,
many of these same rules also apply, but it may be easier
to bring in someone (a local person) from the outside,
which is rarely possible in prison situations.
Use of interpreters
150. For many purposes, it is necessary to use an
interpreter to allow the interviewer to understand what is
being said. Although the interviewer and the interviewee
may share a little of a common language, the information
being sought is often too important to risk the errors that
arise from an incomplete understanding of one another.
Interpreters must be advised that what they hear and interpret in interviews is strictly confidential. It is the interpreters who get all the information, first-hand and uncensored. Individuals must be given assurances that neither
the investigator nor the interpreter will misuse information in any way (see chapter VI, sect. C.2).
J. Gender issues
154. Ideally, an investigation team should contain
specialists of both genders, permitting the person who
says that they have been tortured to choose the gender of
the investigator and, where necessary, the interpreter. This
is particularly important when a woman has been detained
in a situation where rape is known to happen, even if she
has not, so far, complained of it. Even if no sexual assault
takes place, most torture has sexual aspects (see chapter V, sect. D.8). The re-traumatization can often be worse
if she feels she has to describe what happened to a person
who is physically similar to her torturers, who will inevitably have been mostly or entirely men. In some cultures,
it would be impossible for a male investigator to question
a female victim, and this must be respected. However, in
most cultures, if there is only a male physician available,
many women would prefer to talk to him rather than a
female of another profession in order to gain the medical
information and advice that she wants. In such a case, it is
essential that the interpreter, if used, be female. Some
interviewees may also prefer that the interpreter be from
151. When the interpreter is not a professional, there
is always the risk of the investigator losing control of the
interview. Individuals may be carried away talking to the
person who speaks their language, and the interview may
divert from the issues at hand. There is also a risk that an
interpreter with a bias might lead the interviewee on or
distort the replies. Loss of information, sometimes relevant, sometimes not, is inevitable when working through
interpretation. In extreme cases, it may even be necessary
for investigators to refrain from taking notes during interviews and carry out interviews in several short sessions,
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