• What confidentiality measures are in place, if any, and how their
information will be protected.
• The limits to confidentiality that can be assured by those gathering
information – including the difference between practical measures
to keep information confidential and the inability to assure
confidentiality as a legal right.
• How confidentiality may be breached if a risk of suicide or selfharm to the victim or witness or a child-protection issue arises.
• The limits to confidentiality, including the specific ways
information may be disclosed to third parties, including the police,
investigators and courts, or used if the victim or witness provides
their informed consent.
• That if information collected is used in court confidentiality cannot
always be maintained but that the court should then put in place
measures for the protection of the victim or witness.16
Unofficial investigators should not discuss case details with family,
friends or colleagues who are not involved in the documentation exercise.
2.1.4 Referring Victims/Witnesses to Professional Assistance
Before initiating any documentation process, unofficial investigators
should endeavor to identify options for referring victims and witnesses for
assistance and support, and put in place procedures for this referral process.
This process includes assessing beforehand: i) what the risks are to the
victim’s/witness’ well-being (see also Section 2.2.1 on Risk Assessment); ii)
what services may already have been provided; iii) what services may be
needed – including health, psychological, legal and economic assistance; iv)
who provides such services locally, nationally or regionally; v) potential
obstacles to access them (e.g. security, financial, discriminatory); and vi)
how to overcome such obstacles. 17 If formal services are not available or
accessible, unofficial investigators should always consider what informal
systems are in place that can be of support to the victim or witness, including
family and community support systems. 18
16
Foreign and Commonwealth Office, International Protocol on the Documentation and Investigation of
Sexual Violence in Conflict, 47-48 (2014).
17
Foreign and Commonwealth Office, International Protocol on the Documentation and Investigation of
Sexual Violence in Conflict, 30, 32 (2014).
18
Foreign and Commonwealth Office, International Protocol on the Documentation and Investigation of
Sexual Violence in Conflict, 48 (2014).
29
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