70. The purposes of witness interviews are to:
(a) Obtain as much relevant information as
possible, through a systematic and fair
process, to assist the investigators in objectively
establishing the truth
(b) Identify possible suspects
(c) Allow individuals an opportunity to provide
information that they believe is relevant to
establishing the facts
(d) Identify further witnesses
(e) Identify victims
(f) Establish the location of crime scenes and
burial sites
(g) Establish background information and facts
relevant to the alleged killing(s),94 and
(h) Identify leads in the investigation.
71. Investigators conducting interviews should
approach all witnesses with an open mind and
observe the highest ethical standards. A careful
assessment of risk, strategies and adequate human
and financial resources must be in place to ensure
the safety and security of all witnesses in the case.
Families in some circumstances could, with reason,
fear for their safety. Careful attention should also
be paid to the safety of the investigator, since a
witness may be the perpetrator.
72. A list of significant witnesses should be drawn up
and their interviews prioritized. These witnesses
include those who saw or heard the crime being
committed, people with relevant knowledge of
the victim(s) and/or suspected perpetrator(s),
and people in the same organization or chain
of command as the suspected perpetrator who
may be able to provide information linking
people other than the direct perpetrator to the
death.95 Full statements should be taken from these
witnesses. Where feasible and appropriately
secure, investigators should consider recording
their interviews by audio or video means. During
the investigation phase, witness lists are highly
sensitive and must be carefully safeguarded to
ensure that witnesses are not exposed to undue
risk. Electronic documents that may identify a
witness should be taken outside the investigation
office only in encrypted form. Access to hardcopy
documents that may identify a witness must be
restricted to the maximum extent possible.
16
73. House-to-house inquiries should be conducted in
the vicinity of important physical locations and
the crime scene, if it has been identified. Houseto-house inquiries help the investigators to identify
witnesses who live or work in key areas, gather
local information and intelligence, identify other
witnesses or suspects and raise awareness of the
investigation, which may encourage people with
information to come forward.
74. Interviews with family members and others to
collect ante-mortem data for body identification
– such as hair, blood, saliva samples, dental
or chest X-rays, and information about possible
bone fractures and other injuries or diseases –
should be conducted by trained professionals
who are in a position to answer technical
questions authoritatively and with at least a
basic knowledge of the correct medical and
odontological terms. Proper equipment is needed
to take samples, and donors should complete
consent forms that state how the samples will be
stored, who can access them, who manages the
genetic database and how the data is to be used.
75. A media appeal may help to identify and locate
people and material that could be useful to the
investigation. This could include setting up a
telephone hotline, an email address and/or a
social media web page, which people could
use for providing information to investigators
confidentially or even anonymously. Consideration
should also be given to offering a reward in return
for relevant information.
76. A specific strategy should be developed,
especially if a suspect is a state official, to ensure
that anyone coming forward will be assured that
the information they provide will be dealt with
confidentially, within the limits of the law.
6.
International technical assistance
77. The assistance of law enforcement agencies in
other States may help the investigation cover
any gaps in the technical capacity of local
investigators. International bodies such as
Interpol, for example, might be able to support
the investigation, and humanitarian organizations
such as the International Committee of the Red
Cross (ICRC) might offer advice on forensic
best practices for the proper and dignified
management and identification of the dead in
humanitarian contexts.
94
This may include, for example: the identity of political officials or military and paramilitary leaders; the identity and description of perpetrators; chains of
command; communication codes and methods; details of official documentation linked to the killings; public announcements relevant to the crimes; interaction
between military and political structures; the financing of military operations; and the chronology of events leading up to the killing(s).
95
For example, this could be through various modes of liability, including participation in a joint criminal enterprise, superior responsibility, ordering, aiding and
abetting, planning, or instigating.
The Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016)
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