• Do not make facts public until it is safe to do so. The prospective
redress body determines whether and at what stage disclosure
becomes a safe option. The decision cannot be made arbitrarily
neither by the informant nor by the unofficial investigator.
• Information should always be considered and treated as
confidential unless the source expressly agrees to pass it on to
others. This should be done only if strictly necessary.
• First responders need to try to anticipate with which parties the
information may be shared, if relevant, in the future, and seek
consent already in the collection stage for sharing the content with
such third parties.
• Never submit information to third parties before having discussed
doing so with the source and having obtained his/her consent. 197
• The source has to be made aware of and fully understand the
reasons and consequences of making the information public.
• Security risks always have to be thoroughly assessed by persons
qualified to do so before making information public.
• Similarly, a trained professional should assess the emotional state
of the victim, witness, or other source before making information
public.198
Confidentiality is required from the moment of first contact with a
source and continues throughout all subsequent contacts. This also means
that it is important to ensure confidentiality for the manner in which
information is stored, transported, and used. 199
When a court, tribunal or commission requests information for their
proceedings, this may require a reconsideration of confidentiality. Such
institutions are supposed to operate with the best interest of the victim and
witness in mind and they should implement measures to protect them
security risks. Unofficial investigators generally have the possibility to
negotiate and implement confidentiality measures, such as anonymity, in
197
International Bar Association & Raoul Wallenberg Institute, Guidelines on International Human Rights
Fact-Finding Visits and Reports, paragraph 42 (2009), available at
http://www.factfindingguidelines.org/guidelines.html.
198
Amnesty International and CODESRIA, Ukweli. Monitoring and Documenting Human Rights
Violations in Africa: A Handbook, 36 (2000), available at
https://www.amnesty.nl/sites/default/files/public/ukw_eng.pdf.
199
Marit Maehlum, Human Rights Monitoring, in MANUAL ON HUMAN RIGHTS MONITORING. AN
INTRODUCTION FOR HUMAN RIGHTS FIELD OFFICERS 1, 24 (Kristin Hogdahl, Ingrid Kvammen Ekkerr and
Lalaine Sadiwa, eds., 2002).
126
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