Part II Planning an investigation THE FAIR APPROACH: PUTTING A HUMAN RIGHTS BASED APPROACH INTO PRACTICE The basic steps of the FAIR approach are: • Facts: What is the experience of those involved and what are the important facts to understand? • Analyse rights: Develop an analysis of the human rights at stake • Identify responsibilities: Identify what needs to be done and who is responsible for doing it • Review actions: Make recommendations for action and later recall and evaluate what has happened as a result. Chapter 31 discusses gender specific considerations that relate to planning an investigation. 2. GENERAL GUIDELINES FOR SELECTING ISSUES Be specific Keep the issue or issues as focused as possible. Keep an open mind Investigators must not make up their minds too early as to exactly what happened. Good investigators do not rule anything out until they have sufficient evidence to do so. They do not discount a possible explanation as to what happened, however distasteful or unlikely it may appear. THE MULRUNJI CASE ISSUE IDENTIFICATION The Coroner stated that all deaths in custody should be treated as homicides “until otherwise determined”. That did not happen in this case, according to the Coroner. Prioritize If there is more than one issue apparent or being alleged, assess which is the most important using the criteria set out above and consider how the remainder should be ranked. Manage expectations It is crucial to manage expectations from the outset. Clearly set out the scope of the investigation, including any limits on what is being investigated. That will help refute any allegations at the end of the investigation that the NHRI did not tackle issues that it had promised to address. Consult Get input from others who may have relevant knowledge or a particular interest when framing the issues to be investigated. Chapter 4: Identifying the issues and deciding whether to investigate | 29