Undertaking Effective Investigations A Guide for National Human Rights Institutions Introduction for users As the Paris Principles1 emphasize, conducting investigations is an important function of NHRIs. NHRIs generally cannot order anyone to do anything. They have to persuade their stakeholders and therefore their recommendations have to be built on firm, factual foundations. Their investigations have to be robust, fair and thorough – and be seen as such. If their investigations do not meet those standards, the credibility of the NHRI will suffer. Doing an investigation to a standard where it can withstand scrutiny requires a structured approach, careful planning, appropriate resources and skilled investigators. Human rights investigations can be particularly challenging. They can involve complex, nuanced issues. Gathering the evidence might also be very difficult, particularly in conflict situations or where there is a significant imbalance of power and resources between the NHRI and those they are investigating. Some of the key themes in this Manual include: • the importance of doing investigations well, with a focus on thoroughness and objectivity • that the credibility of the NHRI rests, in part, on being able to demonstrate that it has a sound investigative process in place • that if the NHRI does not get the facts right, its findings and recommendations will be dismissed and its credibility will be severely damaged. RATIONALE There are many different kinds of investigations, such as criminal, workplace, regulatory, administrative fairness and so on. This Manual attempts to apply effective practices and processes from many of them to human rights investigations. Different NHRIs have different mandates and, as such, may approach how they do their investigations differently. Some conduct broad investigations into systemic issues. Some focus on individual complaints. Some look at issues that have a criminal dimension, such as extra-judicial executions or torture. Others focus on discrimination in all its many forms. Some investigate all of the above. As a result, not everything in this Manual may be directly relevant to the work of every NHRI. However, the concepts and issues covered may be of value in particular areas of work or they may become relevant in the future. TOPICS COVERED The Manual is intended as a practical guide to support the challenging work undertaken by NHRI investigators in the field. Given the diversity of mandates and approaches among NHRIs, the Manual focuses in some depth on core investigative skills, particularly interviewing. Good investigators are generally good interviewers. This includes strategies to ensure that an investigator obtains as much relevant information from any witness, willing or reluctant, as efficiently as possible. It also covers in some detail how to plan an investigation, how to assess evidence and how to plan and carry out investigations into systemic issues. In addition, it includes tips on effective report writing. 1 vi The Paris Principles were defined at the first International Workshop on National Institutions for the Promotion and Protection of Human Rights, held in Paris in 1991. They were adopted by the United Nations General Assembly in resolution 48/134 in 1993. The Paris Principles relate to the status and functioning of national institutions for the promotion and protection of human rights. Further information on the Paris Principles is available at www.asiapacificforum.net/support/paris-principles/.