5.
Concluding the interview
220. Read or play the record of interview back to the
interviewee and allow the person to correct or
clarify the contents. Ask if the interviewee has
anything to add.
6.
228. In addition to the guidance set out above,
suspects must be granted and informed of at least
the following rights:
(a) To be presumed innocent until proven guilty,
which includes a fair opportunity to provide
their account of relevant events
221. Ask if the interviewee can suggest others to
interview.
(b) Not to be compelled to incriminate themselves
222. Obtain, with permission, any material referred to
in the interview, such as photographs, medical
reports and court records.
(c) To remain silent
(d) To the presence and assistance of a lawyer
during questioning, and to consult the lawyer
in private
223. With the interviewee, review security measures
and ways to stay in contact after the interview.
(e) To have the interview recorded, including
place(s) and date(s) of questioning; the place
of detention, if any; the start and end times of
each interview session; the intervals between
sessions (including rest periods); the identities
of the interviewer(s) and all others present; and
any requests made by the individual being
questioned
224. Ensure that the interviewee certifies in writing or on
audio or video that:
(a) The interviewee’s statement has not been made
under any form of unlawful duress
(b) The content of the interview is true and correct
to the best of the interviewee’s knowledge and
recollection
(f) To be interviewed in a language he or she
understands
(c) The interviewee was not threatened or forced
to give the statement, nor were any promises
or inducements offered in this regard
(g) If the person is arrested or detained, to be
informed immediately of the reason for the
arrest and to be told promptly of any charges
(d) The interviewee is aware that the statement
may be used in legal proceedings and that
they may be called to give evidence
(e) The interviewee may be liable to prosecution
for contempt of court, for interfering in the
administration of justice, or for giving false
testimony if they say anything in the statement
that they know to be false or do not believe to
be true.
225. Ensure that the interviewee signs and dates every
page of a written interview record. Any document
or material, such as diagrams and photographs,
to which the interviewee refers or which s/
he creates during the interview should also be
signed or otherwise authenticated and should be
attached to the interview record.
226. Ensure that all records from the interview are
stored securely to protect privacy and to maintain
security.
Additional guidance when interviewing a suspect
(h) For foreign nationals, to access consular
officials of their State of nationality; or, in the
case of stateless persons, refugees, or asylum
seekers, their relevant national authorities or
UNHCR.
7.
The role of interpreters
229. In some situations an interpreter may be
required to assist with the interview of a witness,
victim, suspect, or other person relevant for the
investigation. The interpreter’s role is to facilitate
communication in a neutral and objective manner.
Interpreters should be limited to that role, have
appropriate interview training, be accredited
by the relevant authorities, understand the
terminology specific to the investigation, and
apply internationally agreed standards and best
practice. The interpreter should declare any
potential conflict of interest in advance.
227. Identify points arising from the interview to follow
up in the investigation, including other people to
interview and potential lines of inquiry.
35
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