Part II Preventing torture: NHRIs in action | Section II Contributing to the implementation of the legal framework
Assess whether the witness is credible
The interview process provides you with an important opportunity to assess the credibility of the person
and the information they are providing. While it is difficult to describe precisely how you assess this, there
is no doubt that a face-to-face interview is more effective than relying on a written statement. This is
why courts rely on oral testimonies of witnesses rather than just written statements. When someone is
telling their own story in their own words, it allows you to determine whether you think they are telling the
truth. An interview also allows you to ask difficult questions, which a person who is not telling the truth
might prefer to avoid. It also requires the interviewee to respond to questions immediately, rather than
having time to prepare a written response. Asking the same question in different ways can also help test
whether the person’s story is consistent.
Allow witnesses to tell their story
Victims of human rights violations often feel that they have been neglected, marginalized and forgotten.
Sometimes the violations they have suffered will be the cause of stigma and isolation from their
communities. Often they will not have had the chance to tell their story to authorities. The interview
might be the first opportunity for the person to talk about their experience. Therefore, listening is more
important than asking questions.
2. Protection of interviewees
When conducting interviews with victims or witnesses, it is important to consider their need for
protection.
While there can be no complete assurance that the interviewee will not face retaliation or reprisals after
the interview, several measures may be taken to protect the person, such as:
• interviewing a significant number of people to avoid focusing attention on the one person
• conducting the interview in a safe place where surveillance is minimal
• asking what security precautions the person believes should be taken at the start and the end of
the interview
• inviting the person to keep in contact with you after the interview
• in places of detention, conducting a follow-up visit shortly after the interview and meeting with
the same detainees
• never referring explicitly during the interview to statements made by other persons and never
revealing the identity of witnesses.
3. Preparing for an interview
Many potential difficulties encountered in interviews can be effectively managed through proper
preparation. Developing a pre-interview planning routine will often not require much time and, after a
while, can become second nature.
When interviewing a victim or a witness of torture or ill-treatment, it is important to follow ethical principles
and for the interview to be as predictable as possible. This allows the interviewee to feel empowered.
This is particularly important for victims, as torture and ill-treatment often creates strong and persistent
feelings of powerlessness. When preparing for the interview, the interviewer should always be conscious
of helping to empower the victim.
Chapter 5: Interviewing | 45