Part II Planning an investigation Alternatively, the investigator may want to use any powers at their disposal, including any legal power of entry without notice, to gather that evidence before it disappears or is altered. Need to use powers It may be that the NHRI will be required to use those legal powers at its disposal, such as powers of entry or summons, during the investigation. For example, when investigating allegations of torture or ill-treatment in a detention facility, investigators may be able to conduct an unannounced visit to that facility and interview detainees and staff. That will require coordination, resources and planning. It will also be necessary to map out how that visit will be coordinated and executed in this segment of the investigation plan. For example, if investigating a complaint of overcrowding in a prison, it may be best to conduct the inspection in the early hours of the morning, when detainees are in their cells. Collusion between witnesses If there is reason to think that witnesses will collude or otherwise obstruct the investigation, consider whether there is anything that can be done to minimize the possibility of that happening. For example, this could include conducting witness interviews simultaneously or immediately after each other. However, the investigation plan must provide for a sufficient number of investigators to do so. 6. WHAT RESOURCES WILL BE NEEDED? How many people will be needed to conduct the investigation within a reasonable time? What technical or other support will be necessary? How much is the investigation likely to cost? Consider and estimate as accurately as possible: • the number of investigators and support staff required (the cost may differ according to the capacity sets required and the diversity of the team) • research requirements • forensic and other experts • legal advice • travel and related costs • translation services • transcription services. This process allows the NHRI to assess whether the use of resources matches the importance of the issue to be investigated. If there are insufficient resources to investigate the issues thoroughly and within a reasonable time, or the case does not warrant the investment of the resources required, then they are logical reasons not to begin the investigation. 7. HOW ARE INTERNAL AND EXTERNAL COMMUNICATIONS GOING TO BE MANAGED? Some investigations will be conducted away from public scrutiny. In other cases, however, the NHRI may seek to draw attention to its investigation, especially if it will be asking for input from anyone who has information relevant to the matter.30 30 This occurs most frequently during national inquiries or as part of larger investigations. Communications strategies for identifying and engaging stakeholders in these situations are discussed in the Manual on Conducting a National Inquiry into Systemic Patterns of Human Rights Violation, published by the APF and the Raoul Wallenberg Institute of Human Rights and Humanitarian Law. Chapter 5: Investigation planning | 37

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