Part II: Preventing torture: NHRIs in action
The testimony is convincing and internally consistent
In some allegations of torture, it may be difficult to find evidence other than the testimony of the victim.
If the victim’s account sounds true – in other words, the account is consistent and does not contradict
itself – this will provide an important first step in your inquiries. Where possible, this account should
be matched with other types of information that may provide corroboration. It is essential, therefore,
to gather as much detailed information as possible.
It is important to bear in mind the particular difficulties involved in taking statements from victims of
torture, as many will have been traumatized by the experience. They may give inaccurate information
because they are ashamed of what has been done to them or they may be reluctant to disclose
information for other reasons. Their distress may also cause them to appear evasive. People who
have been victims of sexual assault may feel particularly ashamed and unable to speak about the
experience.
The testimony is consistent with information from other independent sources
The testimony corresponds to known patterns of torture and ill-treatment
It can often be difficult to cross-check the details of a specific allegation of torture, however, it is possible
to check it against information that is already known. This information might relate to agencies that
are likely to commit torture, to places where torture is likely to occur and to allegations of torture that
have been reported in the past.
Other testimonies corroborate the victim’s statement
By its very nature, torture is almost always carried out in secret. As a result, it can be difficult to find and
interview the sort of witnesses that might be available when investigating other human rights violations.
However, there are still potential witnesses who may be able to corroborate a victim’s allegation of
torture including:
• people who were present when the victim was taken into custody. They might provide
information about who took the victim away, when this happened, how the person was treated
and the physical condition of the person at that time
• people who were detained with the victim. They might provide information about who took the
person for interrogation, when the person was interrogated, how long the interrogation lasted,
the physical condition of the victim before and after interrogation and the account the victim
gave to them at the time
• prison officials or law enforcement officers who may have been present during the torture and
who object to its use. They may be willing to provide information on a confidential basis.
Information found during visits to places of detention
NHRIs that have access to places of detention can gather corroborating information when they undertake
visits in response to an allegation of torture. During these scene visits,83 NHRI representatives can
verify the description of the building and rooms, check the registers and verify other information, such
as the date and time of a person’s admission, removal from the cell and the names of guards on duty.
There is medical evidence of torture
There are four types of potential medical evidence that can be used to corroborate allegations of
torture. They include:
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A scene is any environment where something relevant to the investigation takes – or took – place, see APF Guide
op.cit, Chapter 21: Scene visits.
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