Undertaking Effective Investigations A Guide for National Human Rights Institutions Chapter 6: Identifying the people to be interviewed KEY QUESTIONS • What is the best way to locate possible witnesses? • Once possible witnesses have been identified, what factors should be considered when deciding who should be interviewed and who should not? 1. INTRODUCTION As discussed in Part II, an investigation plan will identify those people who may have information about the issue being investigated. In most cases, it will be reasonably clear from the start those people whom the investigator will want to interview. In some cases, however, it may not be so obvious or it may only become apparent as the investigation unfolds. An investigator should always be open to the possibility that they may identify further witnesses as the investigation progresses. 2. DOING WHAT IS REASONABLE TO FIND WITNESSES Every reasonable effort should be made to identify possible witnesses. If insufficient effort is made by the NHRI to locate possible witnesses, the investigation may be open to criticism. There will be a real problem if key witnesses emerge after the investigation has been concluded and it is clear that a more thorough process would have uncovered them. It is even worse if those witnesses then provide evidence that may contradict the investigator’s findings. It is important to document what steps have been taken to identify and locate possible witnesses. The investigator may fail to make contact with them – or they may not want to make contact with them – but it is essential for the investigator to be able to demonstrate that every reasonable effort was made to locate them. 3. CANVASSING FOR WITNESSES People who may be able to contribute important information to an investigation may not come forward for any number of reasons, including that they are not aware of the investigation. Attempting to contact them is an important part of the investigative process. Canvassing for possible witnesses can be done in many ways, including: • providing information via the media, including social media • distributing leaflets • posting notices at the scene of an event • returning to the scene on the same day and time as an event occurred • ask community groups, NGOs and others to share information about the investigation through their networks 44