Preventing Torture An Operational Guide for National Human Rights Institutions - Updated Edition Introduction Investigating and documenting allegations of torture is critical in any strategy to prevent torture. NHRIs should investigate and document any complaints they receive from victims or their relatives, as well as initiate their own investigations if they believe that torture or ill-treatment may be occurring in certain places of detention. Conducting investigations can be a complex and challenging task. Investigation teams should reflect the diversity of their communities and investigators need to have the appropriate training, experience, skills, time and resources to conduct investigations properly.80 It is important to note that victims of torture can suffer serious physical and psychological damage. As a result, they may be reluctant to talk about their experience. There is also a real risk of re-traumatising and stigmatising survivors of torture, including sexual and gender-based violence. Specific skills and sensitivity are required to avoid exposing people to further humiliation and pain (see also Chapter 5 on Interviewing). NHRIs should keep up to date with and observe the latest ethical standards in investigating allegations of torture. The guiding principle of “do no harm” means NHRIs should be aware of potential risks and avoid causing further damage or suffering through their actions. NHRIs will need to consider how to ensure confidentiality and informed consent.81 A victim-oriented approach should ensure that the individual’s needs and best interests are prioritised in the investigation. 1. Collecting information When a person claims to be victim of torture, it is important to collect all possible information that might help support the allegation. Good investigators keep an open mind and assess evidence thoroughly and objectively. The aim is to collect sufficient, reliable and relevant evidence which enables the NHRI to reach a conclusion. This can include testimonial, physical, documentary and digital evidence. The first step is to conduct an interview with the alleged victim as promptly as possible (see chapter 5 for more information). Following the interview, it is crucial to check the information you have collected and assess the reliability of the allegations made.82 To help you make this assessment, it is important to consider if: • the testimony is convincing and internally consistent • the testimony is consistent with information from other independent sources • the testimony corresponds to known patterns of torture and ill-treatment • other testimonies corroborate the victim’s statement • other physical corroboration is found during on-site visits • there is medical evidence of torture • there are physical indicators of torture (however, the absence of physical signs does not mean that torture did not occur) • there are psychological indicators of torture. 56 80 See Asia Pacific Forum of National Human Rights Institutions, Undertaking Effective Investigations: A Guide for National Human Rights Institutions (updated 2018), Chapter 2: Training and experience and Chapter 3: Adequate resources. 81 Informed consent means upholding individual autonomy and full informed decision-making in terms of a person’s participation in the investigation. 82 Complete accuracy is seldom expected of torture victims. See Kisoki v. Sweden, Committee against Torture, Communication 41/1996, views adopted on 8 May 1996.