Undertaking Effective Investigations A Guide for National Human Rights Institutions Chapter 12: Setting up the interview KEY QUESTIONS • What are the key factors that an interviewer needs to consider when setting up an interview? • What considerations need to be taken into account when choosing the location for an interview? 1. INTRODUCTION The following key factors need to be considered when setting up an interview: • making initial contact with the witness • confidentiality • any documentation or other evidence that needs to be requested • factors influencing the choice of location. 2. INITIAL CONTACT Care should be taken when making initial contact with a potential witness, particularly if confidentiality might be an issue. Messages must not be left with colleagues, on voicemail or on emails sent from or to work. There may also be circumstances where contacting a person at home is not advisable. When direct contact with the person concerned is made, the interviewer should explain who they are, the mandate of the NHRI and what is being investigated. It should not be assumed that the person already knows. If appropriate, any disruption that may be being caused by asking for an interview should be acknowledged and accompanied with an explanation that this is a fact-gathering exercise and that it is considered important to have that person’s perspective. 3. CONFIDENTIALITY Confidentiality is a critical issue for whistleblowers, reluctant interviewees and many others. Some witnesses will only cooperate with the NHRI on the condition that their identity is kept secret. Expectations must be managed up front. Witnesses should never be misled, as the reputation of the investigator and the NHRI is at stake. It is unlikely that absolute guarantees can be given that the identity of the witness will be kept confidential in all circumstances. Let the person know that there are limits to the protection that can be offered. For example, if action is taken against another party as a result of the information a witness provides, procedural fairness will usually require that the person facing sanction is entitled to receive at least some indication of the source of that information. A judge may order disclosure of that source, thereby making any promise of confidentiality worthless. 74