It is unlikely that judges will admit documents pertaining to serious
human rights violations as evidence in court if they cannot satisfactorily
identify the answers to these questions. And while not having the answers
does not always prevent other (non-judicial) forms of redress from using the
information, being able to provide answers to such questions will enhance
the credibility of the information no matter how it is ultimately used.
It may prove impossible to establish the answers to these questions
after original collection or transfer of custody. The original custodian may
no longer be available to answer these questions or the location where the
documents were collected from may no longer be accessible. Memories
fade and can be unreliable when asked to provide the answers to the
questions above. Upon transfer of a document, the original custodian of the
document is often in the best position to answer these questions. If not
recorded during transfer of custody, information on the source and context
of the document may be lost for good.
Make sure to record the answers to these questions as soon as
practically possible when becoming the custodian, including as much
circumstantial information as possible. Many professional investigators
attach a summary sheet or cover letter containing the answers to the
questions listed above in as much detail as possible when storing documents
of potential evidentiary value. 81 They moreover have the original and/or
new custodian sign the summary sheet or cover letter.
This is a template summary sheet or cover letter that PILPG made on
the basis of templates that expert investigators use. It provides explanatory
texts in the boxes to outline what information is required and why. The
template is also provided in the Appendix to this Handbook. In each of the
sections of the template, a brief note is added explaining what information is
required and why.
http://folkebernadotteacademy.se/Documents/Kunskapsomr%C3%A5den/Rule%20of%20Law/A%20Hand
book%20on%20Assisting%20International%20Criminal%20Investigations.pdf.
81
Marie Nystedt (Ed.), Christian Axboe Nielsen, Jann F. Kleffner, A Handbook On Assisting International
Criminal Investigations, THE FOLKE BERNADOTTE ACADEMY, 60 and 90 (2011).
63
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