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.
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