The child should be asked whether s/he has a preference regarding the gender of the interviewer. During an interview, attention must be paid to signs that the child is growing anxious or overwhelmed and, when necessary, the child should be offered a break. e. Interviewing persons still in custody: Section 9(c) of the National Commission of Human Rights Act, 2012 empowers NCHR to visit any jail, place of detention or any other institution or place under the control of the Government or its agencies to ascertain the legality of detention as well as whether prisoners’ rights are being fulfilled in accordance with the law. International best practices provide that monitoring visits, including by human rights investigators, national human rights institutions or national preventative mechanisms, should include qualified legal and clinical experts to ensure that interviews with detainees are consistent with the Istanbul Protocol and its Principles. Members of human rights mechanisms should be familiar with the standards and recommendations in the Istanbul Protocol and its Principles and international/regional standards for monitoring places of deprivation of liberty. Interviews with persons who are still in custody, and possibly even in the hands of the perpetrators of torture or ill-treatment, will obviously be very different from interviews in the privacy and security of an outside medical facility. Visits to persons deprived of their liberty can be difficult to carry out because the persons who are still in detention or under custody of alleged perpetrators might be put in danger by giving testimony. A one-time visit, without follow-up to ensure the safety of the interviewees after the visit, may risk the well-being of detainees even further. Unannounced visits are recommended in order to circumvent the limitations of monitoring persons still in custody. All precautions should be taken to ensure that detainees do not place themselves in danger. Interviewers, clinicians, and interpreters should not make promises to detainees that they are not able to fulfil. Persons deprived of their liberty who have suffered torture should be asked whether the information they provide can be used and, if so, in what way. The location of the interview should be out of sight and hearing of security officers, to ensure confidentiality. The possible presence of cameras, microphones, and/or one-way mirrors should be ruled out. Interviews should typically take place with the informed consent of interviewees, in a comfortable room in which they do not feel intimidated. 15

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