C. Interviews and Witness Protection
1.
General principles
84. Interviews form an integral part of almost any
investigation. If conducted well, they can obtain
accurate, reliable and complete information
from victims, witnesses, suspects and others.
Poorly conducted interviews can undermine
an investigation and place people at risk. The
Detailed Guidelines on Interviews provide
more thorough guidance on how to conduct
an interview effectively and appropriately, and
investigators should also refer to other relevant
documents.96
85. Interviews should be conducted in a way
that maximizes access to justice for affected
individuals and minimizes as much as possible
any negative impact the investigation may have
on interviewees. Special care should be taken
when interviewing the bereaved or those who
have witnessed a crime, in order to prevent their
retraumatization.97 Interviews should be conducted
by trained individuals who apply the highest
professional and ethical standards in order to
obtain accurate information while respecting
the rights and well-being of the interviewee. It
is particularly important, in interviews gathering
ante-mortem data which might be used later for
identification purposes, that both the interviewer
and the interviewee fully appreciate the uses to
which the data might be put.
2.
87. An effective witness-protection programme is
essential for some investigations, and should
be in place before the investigation begins.
This includes reliable and durable protection
for witnesses at risk, including the secure
management of personal information, and legal
and psychological support both during and after
the investigation and any judicial proceedings.
States should ensure that the authorities in charge
of witness protection should in no way be involved
in the alleged death.
3.
Recording interviews
88. All formal and informal interviews should be
recorded, regardless of where they take place,
right from the commencement of an investigator’s
contact with a prospective witness or suspect. In
certain circumstances this may be subject to the
consent of the prospective witness or suspect.
89. Interviews may be recorded in written form, audio,
or video. Considerations as to the best method to
use may include the preference of the interviewee,
the interview setting, and concerns about privacy
and security.
Security and well-being
86. The security and well-being of interviewees and
interviewers is paramount. Risk assessments
should be conducted before engaging with
any witness to help ensure that the benefit of
the engagement outweighs the risk. When
necessary, and subject to the consent of the
individual(s) concerned, investigators should take
steps to protect an interviewee and others from
ill-treatment or intimidation as a consequence of
providing information. Possible measures include
protecting the identity of the interviewee (within
the parameters of the law and the rights of the
defence guaranteed under international fair
trial standards), physical protection, relocation
and placement in an effective witness-protection
programme.
18
96
See, e.g., OHCHR, Manual on Human Rights Monitoring, chap. 11, at: http://www.ohchr.org/Documents/Publications/Chapter11-MHRM.pdf; and
chap. 14, at http://www.ohchr.org/Documents/Publications/Chapter14-56pp.pdf; ICRC Guidelines for Investigating Deaths in Custody, at: https://
www.icrc.org/eng/assets/files/publications/icrc-002-4126.pdf; World Health Organization (WHO), WHO Ethical and Safety Recommendations for
Researching, Documenting and Monitoring Sexual Violence in Emergencies, at: http://www.who.int/gender/documents/OMS_Ethics&Safety10Aug07.pdf;
WHO, Researching Violence Against Women: A Practical Guide For Researchers and Activists, at: http://www.who.int/reproductivehealth/publications/
violence/9241546476/en/. See also the Istanbul Protocol, which offers guidance on the conduct of interviews where torture is suspected.
97
See, e.g., OHCHR, Manual on Human Rights Monitoring, chap. 12, available at: http://www.ohchr.org/Documents/Publications/Chapter12-MHRM.pdf.
The Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016)
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