Part III Investigative interviewing | Section II Initial preparation Chapter 10: Special factors regarding witnesses KEY QUESTIONS • What special considerations apply regarding “at risk” and vulnerable witnesses? • What other special considerations apply and how should they be handled? 1. “AT RISK” AND VULNERABLE WITNESSES Physical fitness A person selected for interview must be physically fit to be interviewed. The immediate medical needs of a witness take precedence over the questioning. However, there are exceptions to the rule, such as taking a dying declaration. While this is extremely rare, it does happen. Find out if the person is on medication, particularly if it may have – or someone subsequently alleges it may have – affected their recollection of what happened. Determine whether the person has a vision or hearing impairment that might impact their testimony. Psychosocial or intellectual disability35 The witness should be competent to provide a statement that will be of use in the investigation. If a witness has psychosocial or intellectual disabilities, a decision has to be made as to whether or not the need to interview the person outweighs any harm that may be result from doing so. Some questions to consider that may influence the decision include: • What competence issues does the witness have and what impact does that have on short-term and long-term memory, as well as on the ability to communicate? • Is the evidence that they are likely to give available from some other source? • Will medical records have to be obtained and, if so, is there a possibility that they will be disclosed to a third party, with or without consent? If the decision is made to proceed with the interview, extra care is needed regarding how a statement is taken from the person. Expert assistance may be needed, at least to provide advice on what approaches and techniques may be appropriate for the circumstances. Patience and care need to be exercised about asking leading questions or making suggestions. The investigator must not be condescending and must listen closely to what the witness says. After the interview is over, corroboration should be sought, as it should be in virtually any interview. 35 See: Asia Pacific Forum, Human Rights and Disability: A Manual for National Human Rights Institutions, Chapter 12, 2017. Available at: www.asiapacificforum.net/resources/human-rights-and-disability-manual-nhris/. Chapter 10: Special factors regarding witnesses | 61