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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