B. Detailed Guidelines on Interviews 1. Introduction 3. 183. These Guidelines look in detail at the conduct of an interview: how to prepare, how to start one, how to elicit facts and how to conclude. They also deal with how to interview a suspect, the role of interpreters, and recording an interview. 193. Record the interview from the very beginning using the means chosen. 2. Preparation and setting 184. Identify the purpose of the interview and how it fits into the overall investigative strategy. 185. Learn what you can about the interviewee prior to the interview, such as their relationship to events, possible biases and potential security risks. 186. Gather information, including documents and photographs, that might be referred to during the interview. 187. Prepare the best possible strategy and interview structure to elicit information, but remain flexible. Compile a list of key points to cover during the interview. 188. Consider the gender, ethnicity, religion and other profile factors of interviewers and interpreters, to respect the interviewees’ culture and to help put them at ease. When interviewing people about sexual or gender-based crimes, consider the gender of interviewers and interpreters. Consult with experts before interviewing victims of sexual violence. 189. Consult with experts on approaches to interviewing children, people with disabilities, the bereaved and others who are vulnerable or potentially prone to retraumatization. Examples include holding shorter interviews, using simpler language and having trusted support persons present. 190. Whenever possible, conduct the interview in a secure and private place where the likelihood of disruption is minimized as far as possible. 191. Whenever possible, conduct the interview in a one-to-one setting, considering the interviewee’s preferences and needs. In some circumstances the protection of human rights and the quality of the investigation may call for more than one interviewer, or the presence of a support person for the interviewee. 192. Allocate enough time to conduct a thorough interview without rushing, and allow time for breaks. Starting the interview 194. The interviewers should introduce themselves and their affiliation and should clearly communicate the purpose and intended use of the interview. 195. Informed consent should normally be sought from the interviewee before proceeding. This requires: (a) Discussing any risks associated with the interview (b) Agreeing on security measures to protect the interviewee and others, without offering assurances that cannot be guaranteed. This includes whether a person’s identity will be kept confidential and if so, how this will be done (c) Explaining that participation is voluntary and that the interviewee may stop the interview at any time, or may choose not to answer any questions, without adverse consequences (d) When interviewing children, consider the best interests of the child, including whether there are other ways to obtain the information than through the interview. Ensure that the child understands the purpose and intended use of the interview, and obtain his/her consent. Whenever possible, inform the child’s parents or legal guardians of the interview, unless there are reasonable grounds not to do so. The child’s parents or legal guardians, or another trusted person, may be present during the interview if the child so requests (e) When interviewing people with mental or intellectual disabilities, clearly explain, and repeat if necessary, the purpose and intended use of the interview. Use simple, accessible language (orally and/or in written format) and allow the interviewee sufficient time to make a decision. 196. Ask the interviewee to describe everything that he/she knows to the best of their ability, and to make it clear when they are talking about something they have observed or heard directly versus information they have obtained from others. 197. Act fairly and with integrity. The use of duress, deception or unfair means to elicit information or to obtain a confession could result in evidence being excluded from consideration by a court. It is not permissible in any circumstances to use torture or cruel, inhuman or degrading treatment to obtain information from an interviewee. 33

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