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ISTANBUL PROTOCOL                                              IV.  GENERAL CONSIDERATIONS FOR INTERVIEWS




                to use when listening to the interviewee disclose   detail, including: the level of trust and rapport,
                information about torture or ill-treatment. Empathy   gender alignment in the interview, age, social class,
                refers to the ability to recognize and understand the   literacy and level of education, cultural factors, and
                emotional experience of an interviewee by considering   clinical conditions affecting cognitive processes.
                and acknowledging how the interviewee might be
                feeling. Empathy can be communicated through   10.  Techniques of questioning
                active listening, appropriate facial expressions or by
                verbally acknowledging the interviewee’s emotions.   333. Several techniques may assist in obtaining
                In some cases, clinicians may find it helpful to state   information from interviewees.
                their clear position against human rights violations,
                including torture and ill-treatment. Clinicians   (a)  Types of questions
                should acknowledge the distress that they observe
                in their clinical interviews while maintaining   334. The use of open-ended questions as an interview
                professional boundaries and clinical objectivity.  technique significantly increases both the amount
                                                                  and the accuracy of information provided by the
            9.  Level of detail in the history                    interviewee. Open-ended questions often start with
                                                                  the words “tell”, “explain” or “describe” (e.g.
            329. In the course of obtaining a narrative account of events   “Tell me what happened” and “Describe what you
                and experiences, the clinician should attempt to obtain   mean when you said …”). Open-ended questions
                as much detail as possible that is relevant to conducting   give interviewees the freedom to respond by
                the assessment. Extensive and detailed narratives can   reporting their history in their own words as they
                provide more information from which to asses the   remember it. This style of questioning therefore
                correlation between the allegations and the findings;   encourages people to take on the active role of
                they frequently provide a sense of “being there”,   generating and providing information, rather than
                which adjudicators often consider useful. However,   a passive role of simply answering questions.
                the inclusion of detailed historical information may
                be considered irrelevant by some adjudicators.  335. To clarify open-ended responses or motivate hesitant
                                                                  interviewees, it is appropriate to use focused or probing
            330. Attempts to obtain a detailed history may elicit   questions. Focused questions may start with the words
                accounts of events and experiences of which individuals   “who”, “what”, “where”, “when” and “how”.
                are less certain. Interviewees should be advised to
                be forthcoming about uncertainty, for example by   336. Closed-ended questions might be required to specify
                saying when they are sure or unsure of something.  things, for example “Did that happen before or
                                                                  after …?” or “Which person did that?”. Closed-
            331.  A high level of detail, or a strong degree of certainty   ended questions (sometimes known as “specific
                with which a memory is held, are helpful when present,   questions” or “option-posing questions”) generally
                but their absence cannot be taken to indicate that the   elicit shorter answers; therefore, they are not effective
                memory is unreliable. Inconsistencies may arise within   as a main interview technique. Caution should be
                the account or between the account and other sources   taken in closed-ended questioning as the use of
                of information and these should be explored during the   rapid-fire closed-ended questions is known to restrict
                interview. The evaluating clinician should assess clinical   both the amount and the accuracy of information
                reasons for limitations in recalling and recounting   provided by the interviewee. Furthermore, asking
                experiences, as discussed in paragraph 342 below.  too many questions too quickly might confuse
                                                                  individuals, creating contradictory responses or
            332. Interviewees should be reminded about the        even reminding them of being interrogated.
                importance of reporting only what they recall and
                be transparent about when injuries are unrelated to   337.  Leading questions are to be avoided wherever possible,
                their alleged torture or ill-treatment. The evaluating   because individuals may answer with what they
                clinician should acknowledge potential limitations   think the interviewer wants to hear. This is especially
                in recalling all events. In addition, a lack of detail   important when interviewing for medico-legal purposes
                should not be considered as an indication of      in situations in which the testimony may be challenged
                being untruthful as there may be important social,   in court. Children are particularly susceptible to
                cognitive and contextual reasons for the lack of   leading questions that suggest a desired response.




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