Part II Preventing torture: NHRIs in action | Section II Contributing to the implementation of the legal framework Interviewing persons deprived of liberty (see also chapter 8) Interviews with people in places of detention are different from interviews carried out in the privacy and security of the NHRI office. The importance of gaining the trust of the interviewee cannot be stressed enough. It is even more important to not do anything that could betray that trust. All precautions should be taken so the safety and security of the interviewee is not compromised. These interviews should be conducted without a witness and take place in a private location, out of sight and hearing of others. The purpose of conducting interviews in places of detention can vary, especially if they form part of a preventive visit. As the detainee may not fully understand the purpose of the interview, and have particular expectations relating to their individual situation, it is important that you clearly explain its aim at the outset. As the interviewer, you should also describe what you can do and what you cannot do. Further, you should not make any promise that you cannot keep or raise false expectations. 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. For example, you should clearly ask for the person’s consent regarding the use of his or her name. However, because of a fear of reprisal, s/he may prefer that the information is kept anonymous. Watch Go to the Preventing Torture CD-Rom to watch Professor Manfred Nowak, United Nations Special Rapporteur on Torture, discussing some of the steps involved in interviewing people held in places of detention. Click on ‘Feature materials’ and then select ‘Item 6 – Conducting interviews in places of detention’. Interviewing women It might be difficult for a man to interview a woman, even when the subject matter of the interview is not sensitive. A woman is often more willing to talk to another woman. This consideration is especially important when discussing an experience of sexual assault. It is difficult enough for a woman to talk to anyone about an experience of this nature and a man, however sympathetic, is likely to trigger fears and feelings of vulnerability associated with the assault. Therefore, it is very important to ask the interviewee about her preferences in this regard. Interviewing children Children perceive the world very differently from adults and this fact should be appreciated when preparing to interview a child. The issue of power relations should also be carefully considered, as a child will always feel inferior to an adult interviewer and is therefore more likely to provide compliant answers. The age and developmental stage of the child must also be taken into account, as this will greatly influence the child’s capacity to tell his or her story. For instance, can the child talk freely and uninterrupted? Or is s/he better able to respond to specific questions? If the interview relates to an allegation of physical abuse, a child is likely to feel anxious and reticent to discuss the issue. It is important to be extremely patient. Often several interviews will be necessary before a child will trust you sufficiently to confide in you. It may also be helpful to consider using other methods of communication, such as drawing or using pictures or images (sad faces / smiley faces). Chapter 5: Interviewing | 53

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