Undertaking Effective Investigations A Guide for National Human Rights Institutions Locating premises away from entities they may investigate The NHRI should, ideally, not be located in or near other government buildings, in the middle of a government compound or in facilities guarded by military, police or security forces. Locating the NHRI in such facilities not only has implications for its independence, it also raises issues regarding confidentiality and accessibility. Branding The NHRI should have its own logo and branding and should not use the crest, logo or other branding of the Government. Freedom from Access to Information laws If the NHRI operates in a jurisdiction that has Access to Information (or Freedom of Information) laws, the application of those laws to the NHRI should not adversely impact on the real and perceived confidentiality of the NHRI and the integrity of its investigative process. Hiring and firing The NHRI should have total control over the employment of staff, including developing its own recruitment, retention and promotion processes. However, this may be subject to reasonable, merit-based selection processes applicable to government employment practices. Obtaining the assistance of specialised personnel from other investigative agencies may assist the institution in undertaking its functions. In such cases, however, the institution must recognise the dangers of real or perceived bias and must ensure strict independent oversight of such personnel, particularly such personnel coming from agencies that the NHRI regularly investigates, such as the military, police and security forces. Hiring staff who have recently left agencies that the NHRI regularly investigates can also be problematic. While their experience and knowledge of the organization may be an asset, there is a danger that employing too many, particularly in senior positions, may compromise the independence of the NHRI, or at least the perception of independence among stakeholders. Legal help All investigative agencies need good, independent legal advice. The NHRI should have access to legal advice that it can trust, either through hiring in-house counsel or retaining outside lawyers. It should not have to use government lawyers or government-retained law firms as this may lead to a conflict of interest for those lawyers. Points of contact Caution should be exercised when an agency under investigation offers a “liaison person” or a “point of contact”, supposedly to assist the NHRI with its investigation. To the extent that they facilitate constructive engagement with the NHRI, the allocation of a “liaison person” can be helpful. However, the investigator must always remember that this person is primarily responsible to the agency under investigation. Care must be exercised with respect to passing on any information about witnesses or evidence related to the organization under investigation. In summary, it is the NHRI’s investigation and the NHRI should control the process as far as possible. Investigators should not agree to deal exclusively with a “liaison person” unless the NHRI decides that, in those particular circumstances, it is ultimately a beneficial arrangement. 14