Part II: Preventing torture: NHRIs in action
should discuss the situation with the interviewee to find out if there are any reasons that would make
a particular interpreter unsuitable.
Preparation for the interview is important and the interviewer should explain the ground rules to the
interpreter in private before the interview commences. This can also be an opportunity to go through
the proposed list of interview questions. Interpreters must be reminded that all information discussed
during the interview is strictly confidential.
To make sure the interpreter abides by the principle of confidentiality, a confidentiality clause should
be included in contract of the interpreter. It can also be included in a code of conduct to be signed by
the interpreter. Such a code is not only useful for the work of the interviewer and the interpreter, it can
also help the interviewee to better understand the role and responsibilities of the interpreter. A copy
should be given to the interviewee in a language they understand.
In places of detention, this issue of confidentiality is even more important in building a relationship of
trust with the detainee. Accordingly, prison officers, other prison staff and other detainees should not
be used for interpretation.
Interviewers should remember to speak directly to, and listen to, the interviewee, as there can often be
a tendency to talk “through” the interpreter. A great deal can be learned by observing the interviewee,
even if you do not understand the language. It is also important to frame questions in the second
person, rather than the third person, when speaking through an interpreter (for example, “What did
you do?” rather than “What happened to him next?”).
A woman may prefer to have a female interpreter, and this should be established prior to the interview.
Recording
A thorough record of the interview should be kept and, at the very least, notes need to be taken. The
notes should be in direct speech and use the exact words of the interviewee to the greatest possible
extent. Confirm with the interviewee that the information recorded is accurate. This does not mean
reading the entire notes of the interview; only those parts where there may be some uncertainty. As it
may be challenging to take detailed notes during the interview, it is recommended that the interviewer
complete the information right after the interview to make sure all the relevant information is recorded.
The use of electronic equipment (digital cameras, audio and video recording) presents serious security
concerns that should be closely considered. If security conditions permit, audio recording may be
better than written notes as it provides a more accurate and word-for-word record of the whole
interview. However, transcribing the interview afterwards can be time-consuming and, therefore, it
might be sufficient to transcribe only the most relevant sections of the interview. The use of digital
cameras could be useful to take pictures of injuries, relevant documents and places. Particular
attention should be paid to avoid the picture showing the identity of the interviewee. In general, it is
recommended not to use video recording for interviews, as it presents the highest security risk for the
interviewee.90
Taking notes or using electronic equipment to record the interview should always be agreed with the
interviewee at the start of the interview. When conducting interviews in places of detention, the use
of an audio and/or video recorder may present an unacceptable level of risk to the interviewee. Even
if the interviewee does agree to the interview being audio recorded, they may not be as open and
forthcoming as might otherwise have been the case. It is better to have a full and frank interview,
taking written notes, than a limited interview that is audio recorded.
If an interviewee chooses not to be audio recorded at the beginning of the interview, it is always
possible to ask later on in the interview, when they are feeling more settled, whether it is possible to
record the remainder of the interview. Alternatively, an interviewee might be prepared to speak briefly
on the recorder at the conclusion of an interview with written notes.
90
OHCHR, Revised Manual on Human Rights Monitoring (2011), Chapter 11: Interviewing, p. 14.
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