3.4
Documenting Information From Victims and Witnesses
This section discusses guidelines for the interaction with victims and
witnesses when documening information on serious human rights violations.
Interaction with victims and witnesses requires the utmost care as it may
otherwise lead to further trauma and victimization. The first rule is always
to do no harm. As was more elaborately discussed in Chapter 2, given the
likelihood that additional harm is inflicted, unofficial investigators should
avoid interaction with traumatized children and refer traumatized individuals
to psychosocial counseling. Before any interaction with victims and
witnesses, unofficial investigators should obtain their informed consent and
manage their expectations with regard to the likelihood that their statement
leads to redress in whatever form. Unofficial investigators should make
clear that they are not official or professional investigators and make no
promises that they cannot keep.
For the purpose of criminal investigations, usually only the witness
statements that are taken by authorized legal professionals are taken into
consideration.127 If a testimony of an individual appears valuable as
evidence in court, unofficial investigators should therefore seek to put the
victim/witness in contact with such a professional.
If no such professional is available, in line with the situations
described in Chapter 2 of this Handbook, unofficial investigators may
consider to documenting their statements but only by following the
guidelines outlined in this section and in conformity with the general
guidelines on documenting serious human rights violations that are provided
in this Handbook.
In line of principle, unofficial investigators should not ask witnesses
to sign statements, should take notes in third person (meaning should note
their own observations of what was discussed, rather than a literal account of
what the witness said), and should wherever possible seek to audio/video
record the meeting if there is a likelihood the witness in question might
become of interest to subsequent criminal investigations.
127
Marie Nystedt (Ed.), Christian Axboe Nielsen, Jann F. Kleffner, A Handbook On Assisting
International Criminal Investigations, THE FOLKE BERNADOTTE ACADEMY, 68 (2011), available at
http://folkebernadotteacademy.se/Documents/Kunskapsomr%C3%A5den/Rule%20of%20Law/A%20Hand
book%20on%20Assisting%20International%20Criminal%20Investigations.pdf.
94
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