f. Recording statements and affidavits:
A statement is simply a written account of an incident provided by a person and using
their own words. An affidavit is a sworn statement, reduced to writing and notarized. This
means that the person has sworn, in front of a lawyer or judicial officer, that the contents
of the statement are true.
NCHR is empowered under Section 13 of the Act to both examine witnesses on oath and
to receive evidence in the form of affidavits.
The question of whether information should be recorded in the form of a statement or on
an affidavit depends on whether the information is to be included in an internal or external
report or used in legal proceedings. If it is to be used in a report, then it may be sufficient
to collect a statement from an interviewee. However, if the information is intended for use
in legal proceedings, such as a criminal prosecution of the perpetrators of torture, or it is
the basis of a formal complaint, then it may be necessary to obtain an affidavit or examine
him/her under oath.
g. Record of information:
All the information gathered in relation to an allegation of torture should be properly
recorded in a file, including:
testimonies
statements or complaints
medical records
photographs
affidavits
information and responses from the authorities
other information (such as reports from on-site visits to places of detention).
In addition, NCHR should also keep reports of torture and ill-treatment from other
sources, including:
decisions in relevant court cases
reports prepared by non-governmental organizations
reports of international and regional bodies (such as the United Nations Special
Rapporteur on Torture or the European Committee for the Prevention of Torture)
media reports of torture.
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