Part II Preventing torture: NHRIs in action | Section II Contributing to the implementation of the legal framework 5. After the interview Immediate follow-up It can be difficult to set aside time to think about an interview immediately after it has finished, particularly if you are conducting a number of interviews in quick succession. However, it is helpful to take a few minutes to go over your interview notes. This can provide ideas for other people to interview or additional sources of information about the same event. Write up the interview notes, or transcribe the interview recording, as soon as possible. The advantage is that you are more likely to remember information that may not be clear in your notes. It might also give you the chance to go back to the interviewee if you have further questions. In writing up your notes, you should use direct speech and the exact words of the interviewee as much as possible. The best evidence is what the person actually said, not how you interpreted or summarized the information. In writing up these notes, it is preferable to compile the information in chronological order. Statements and affidavits A statement is simply a written account of an incident provided by a person and using their own words. An affidavit is a sworn statement. This means that the person has sworn, in front of a lawyer or judicial officer, that the contents of the statement are true. Nothing can guarantee that an affidavit is true, although it does carry more weight as evidence than interview notes. There are also legal sanctions for false declarations made under oath. Whether the information you obtain is in the form of a statement or affidavit will depend on the mandate of the NHRI and/or the purpose for collecting the information. If the information is to be included in an internal or external report, then it may be sufficient to collect a statement from an interviewee. However, if the information is intended for use in legal proceedings, such as a criminal prosecution, or it is the basis of a formal complaint, then it may be necessary to obtain an affidavit. It is easier to prepare an affidavit if you decide before the interview that this is what you intend to do. Begin by inviting the interviewee to tell their story slowly. The interviewee should describe only what they have seen, heard or experienced directly, not what they have been told by others. You should write only what you are told and refrain from adding anything or imposing your own interpretation. As far as possible, an affidavit should be in direct speech and use the person’s own words. Each legal system will require an affidavit to be prepared according to a certain format. Unfortunately this may sometimes require the use of language that is more complex than strictly necessary. 6. Interviewing victims of trauma Interviewing victims of trauma People who have survived extreme events will often suffer a serious stress reaction, usually called posttraumatic stress disorder (PTSD). PTSD is usually divided into two phases: • an acute phase, where common symptoms include flashbacks, nightmares and intrusive thoughts • a chronic phase, which follows the acute phase if treatment is not provided and can include symptoms such as depression and lack of concentration. When a person is in the chronic phase of PTSD they may not realize that the symptoms they are experiencing are related to the trauma s/he has suffered. Chapter 5: Interviewing | 51

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