As far as the identity of the victim is concerned, best practices differ
based on the purpose of the information gathering exercise. Many
organizations, in fact, do not request victims to identify themselves.
However, juridical proceedings require the ability to trace someone’s
identity.
In order to ensure informed consent, practitioners should:
1. Take time to explain all relevant factors to victims and witnesses, by:
• Identifying oneself and others present, the purpose of the
interaction, and, if relevant, the organization;
• Explaining in detail the purpose and nature of the informationgathering exercise, and if relevant the people on and mandate of
the team;
• Describing any possible uses of the information provided,
including any possible disclosure of the information to third
parties;
• Describing the types of questions that may be asked; and
• Presenting the information in a way that is clear and ensuring the
information has been understood at every stage of the
interaction.10
It is good practice to ask the victim/witness to explain what they have
understood about the process in order to ensure that there are no
misunderstandings and that the consent is properly informed. Asking
victims or witnesses to repeat the process and the items relevant to informed
consent in their own words ensures that the victim or witness has truly
understood the message and is not simply providing what they believe to be
a socially desirable answer. “Do you understand”-type questions may lead
the victim or witness into a certain direction and are therefore likely to be
answered in the affirmative (with a “yes”), regardless of whether the
message has actually been understood.
In order to determine at a later point in time whether a victim or
witness did in fact provide the information with prior informed consent, it is
advised to record this part of the documentation process. This recording can
be done either by asking the victim or witness to read and sign a document
10
Foreign and Commonwealth Office, International Protocol on the Documentation and Investigation of
Sexual Violence in Conflict, 45-46 (2014).
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