The child should be asked whether s/he has a preference regarding the gender of the
interviewer. During an interview, attention must be paid to signs that the child is growing
anxious or overwhelmed and, when necessary, the child should be offered a break.
e. Interviewing persons still in custody:
Section 9(c) of the National Commission of Human Rights Act, 2012 empowers NCHR to
visit any jail, place of detention or any other institution or place under the control of the
Government or its agencies to ascertain the legality of detention as well as whether
prisoners’ rights are being fulfilled in accordance with the law.
International best practices provide that monitoring visits, including by human rights
investigators, national human rights institutions or national preventative mechanisms,
should include qualified legal and clinical experts to ensure that interviews with detainees
are consistent with the Istanbul Protocol and its Principles. Members of human rights
mechanisms should be familiar with the standards and recommendations in the Istanbul
Protocol and its Principles and international/regional standards for monitoring places of
deprivation of liberty.
Interviews with persons who are still in custody, and possibly even in the hands of the
perpetrators of torture or ill-treatment, will obviously be very different from interviews in
the privacy and security of an outside medical facility. Visits to persons deprived of their
liberty can be difficult to carry out because the persons who are still in detention or under
custody of alleged perpetrators might be put in danger by giving testimony. A one-time
visit, without follow-up to ensure the safety of the interviewees after the visit, may risk the
well-being of detainees even further. Unannounced visits are recommended in order to
circumvent the limitations of monitoring persons still in custody.
All precautions should be taken to ensure that detainees do not place themselves in
danger. Interviewers, clinicians, and interpreters should not make promises to detainees
that they are not able to fulfil. 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.
The location of the interview should be out of sight and hearing of security officers, to
ensure confidentiality. The possible presence of cameras, microphones, and/or one-way
mirrors should be ruled out. Interviews should typically take place with the informed
consent of interviewees, in a comfortable room in which they do not feel intimidated.
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