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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