Part II NHRIs in action The interviewer should try to put the person at ease. As far as possible, the interview should be conducted in a place where the person feels safe and provides them with privacy. It is especially important that victims of human rights violations do not perceive the interview as an interrogation. The interviewer should start the interview by introducing himself or herself, the role of the NHRI, what information will be collected and how the information will be used and stored. The issue of confidentiality (see below) should also be discussed before the interview begins and the interviewer should ensure that the interviewee provides his or her informed consent to the manner in which the information will be used. NHRIs should ensure that the services of a translator are available to those individuals who require one. Interviewers should remember to direct their questions to the interviewee and listen to their answers to avoid the tendency to talk “through” the interpreter. In addition, to ensure the confidentiality of the interview process, the translator should be required to sign a confidentiality statement, possibly in front of the interviewee. Furthermore, the NHRI should take into consideration the cultural background, gender and age of the interviewee. For example, there may be situations where it is only appropriate for a male or a female officer from the NHRI to conduct the interview. Interviewing a child may also require assistance or direction from someone with specialized skills in this area. Interviewers should use interview techniques that build rapport with the victim or witness and encourage an open and full exchange. They should have good listening skills, patience, objectivity, empathy and an ability to reformulate the information that is shared with them.229 They should also seek to avoid using complex or technical language. The interviewer should take summary notes during the interview and share these with person at the conclusion of the interview. In addition, the interviewer should reiterate how the information will be used and ensure the person understands and agrees. Some NHRIs may “ask the witness to sign the notes as an affirmation of agreement with them. In all cases, however, the investigator should date and sign the notes to establish it as evidence.”230 Detailed information about preparing and conducting interviews is available in Preventing Torture: An Operational Guide for National Human Rights Institutions.231 4.3. Confidentiality and security NHRIs should be mindful that victims and witnesses may be reluctant to give evidence to support a complaint for fear of retaliation or reprisals against them. To protect victims and witnesses, NHRIs should seek to maintain their confidentiality as far as possible throughout the investigation process.232 The OHCHR notes that: Various steps can be taken to ensure this: the interviewee’s name can be suppressed from the investigative report; the interviewee’s identity can be withheld from the respondent if there is a real threat to a witness or a party. Again, the investigator needs to balance these measures against the right of the respondents to know the case against them.233 229 Ibid; p. 47. 230 National Human Rights Institutions: History, Principles, Roles and Responsibilities; Professional Training Series No. 4 (Rev. 1); Office of the United Nations High Commissioner for Human Rights; 2010; p. 87. 231 Asia Pacific Forum of National Human Rights Institutions, Association for the Prevention of Torture and the Office of the United Nations High Commissioner for Human Rights; 2010; see Chapter 5. 232 National Human Rights Institutions: Best Practice; Commonwealth Secretariat; 2001; p. 21. 233 National Human Rights Institutions: History, Principles, Roles and Responsibilities; Professional Training Series No. 4 (Rev. 1); Office of the United Nations High Commissioner for Human Rights; 2010; p. 87. Chapter 7: Investigating allegations of human rights violations | 93