Undertaking Effective Investigations A Guide for National Human Rights Institutions UN Photo by David Manyua. Retaliation Retaliation against someone for cooperating with an investigation can be a very real concern. The legislation or mandate of the NHRI may contain provisions that prohibit any kind of retaliation for providing information to it. How much confidence people have in such legislation may vary. It is necessary to ensure that everyone knows about these provisions – especially those who would retaliate – and to investigate any allegations of retaliation aggressively and robustly. In some circumstances, special measures can be taken if a person has to give formal evidence. This can include, for example, the use of disguises and video links. An agency may have access to some form of witness protection programme. That is not common for many agencies because the costs are prohibitive, as discussed in Chapter 17. Retaliation can be overt or it can be subtle and easy to hide. Allegations of retaliation can be very difficult to investigate. Do not make promises about protecting a witness from retaliation or create expectations that cannot be kept. If they are made and not delivered, the credibility of the NHRI will be seriously compromised, along with the cooperation that could otherwise have been provided by others. Interpreters Interviewing someone who does not speak the language in which an interview is to be conducted can be very time-consuming. In these cases an interpreter will be needed. 64

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