and told that they are free to change their mind without consequence and that
no one would be told. 7
Obtaining informed consent before documenting information from
victims or witnesses ensures that the victim or witness maintains full control
and power over their own experiences, and remains a knowledgeable and
consenting participant in the investigative and follow-up processes.
Insisting on prior informed consent allows victims and witnesses a moment
of reflection on the potential consequences of providing information. Not
obtaining informed consent violates the rights of the victim/witness, is
disrespectful and could cause them (additional) harm. In addition,
information obtained without securing proper and informed consent may
also lose its evidentiary value because a court may not be able to exclude the
possibility that the information was provided under some kind of duress or
coercion.8 Informed consent is an ethical obligation for anyone gathering
information about serious violations of human rights from victims or
witnesses.
Proper and informed consent entails that all persons providing
information about serious human rights violations explicitly confirm,
preferably either in writing and signed or by means of audio or video
recording, they have been informed about and understand:
• The purpose and content of the data collection exercise;
• The meaning of confidentiality and how it applies, or not, to the
information they provide;
• The procedures that will be followed – including that the
information may need to be disclosed in the future and for what
reasons;
• The risks and benefits of participating; and
• The identity of the unofficial investigator and the groups s/he
represents, as well as the means of contacting the investigator at a
later stage.9
7
Foreign and Commonwealth Office, International Protocol on the Documentation and Investigation of
Sexual Violence in Conflict, 45 (2014).
8
Foreign and Commonwealth Office, International Protocol on the Documentation and Investigation of
Sexual Violence in Conflict, 45 (2014).
9
Foreign and Commonwealth Office, International Protocol on the Documentation and Investigation of
Sexual Violence in Conflict, 45 (2014).
24
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