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IV.  GENERAL CONSIDERATIONS FOR INTERVIEWS                                      ISTANBUL PROTOCOL




            (b)  Cognitive techniques                             behaviour in an interview. Cultural humility and
                                                                  understanding will assist in navigating cross-
            338. The quality of the information gained can be improved   cultural evaluations (see paras. 294–295 above).
                by some specific techniques to facilitate retrieval.
                First, in a clinical setting in which time allows it,   11.  Difficulty recalling and recounting
                individuals should be told to describe everything
                surrounding the time of ill-treatment (e.g. describing   342. Torture survivors may have difficulty recounting
                the events and process of being taken into detention),   the specific details of the torture or ill-treatment
                even if it does not appear directly relevant to them.   for several important reasons, including:
                This might help discover details or events that could
                be more important than the individuals realize.   (a) Factors during torture itself, such as blindfolding,
                Second, as individuals relate these events, other events   drugging, lapses of consciousness, etc.;
                might be brought to mind. It helps if individuals
                are encouraged to recall the context in which the   (b) Fear of placing themselves or others at risk;
                events happened, including physical, emotional,
                and sensory aspects of that event (e.g., “What could   (c) A lack of trust in the examining clinician or
                you see?”, “What could you hear?”, “What could    interpreter;
                you smell?” and “How did you feel?”). Mentally
                reinstating context in this way typically promotes   (d) The psychological impact of torture and trauma,
                the recall of additional accurate information and is   for example high emotional arousal, cognitive
                particularly effective following a long delay. 410  Use   avoidance due to painful emotions, such as guilt and
                of such techniques can, however, trigger flashbacks,   shame, and impaired memory, secondary to trauma-
                so the interviewer should use them cautiously.    related mental illnesses, such as depression and PTSD;

            339. Communicating certain types of information may   (e) Neuropsychiatric memory impairment from head
                be difficult to do verbally or in a linear narrative.   trauma, suffocation, near drowning or starvation;
                Interviewers should therefore consider whether some
                of the information an individual has to report might   (f) Protective coping mechanisms, such as denial,
                be better described or communicated non-verbally.   avoidance and dissociation; 411
                For instance, it may be useful to invite the individual
                to generate a sketch of a room or building(s) to report   (g) Culturally prescribed sanctions that allow traumatic
                important spatial information and help cue memory   experiences to be revealed only in highly confidential
                for details that might otherwise have been forgotten.   settings. 412
                Similarly, using a timeline can enhance communication
                of the temporal order of events and actions.  12.  Variability and inconsistencies in the history

            340. The judicious use of silence and pauses can help to   343. It is important to keep in mind that there is often
                foster a safe space for revealing very personal details   variability in the level of detail that an individual
                as well as provide the interviewee with the necessary   will recall with regard to the events of the trauma.
                time to organize their thoughts. Even if there is limited   This variability does not necessarily indicate that
                time for the interview, the interviewee should not feel   the narrator is providing false information or is
                rushed. It is better to focus on a few specific points   unreliable. 413  The normal variability of memory, in
                than to try to cover too much ground in too little time.  which successive accounts may contain more and
                                                                  different details each time with omission of other
            341.  It is important to remember that different      details, is likely to be exacerbated by torture or
                cultures have different concepts of what is normal   ill-treatment. Torture victims are commonly subjected




            410   Ronald P. Fisher and Ronald E. Geiselman, Memory Enhancing Techniques for Investigative Interviewing: The Cognitive Interview (Springfield, Charles C. Thomas Publisher,
                1992), pp. 99–102.
            411   Dissociation is a mental process of disconnecting or lack of continuity between thoughts, memories, surroundings, actions and identity. Dissociative disorders usually develop
                as a reaction to trauma to help keep difficult memories at bay.
            412   Richard F. Mollica and Yael Caspi-Yavin, “Overview: the assessment and diagnosis of torture events and symptoms”, in Torture and Its Consequences: Current Treatment
                Approaches, Metin Başoğlu, ed. (Cambridge, United Kingdom, Cambridge University Press, 1992), pp. 255–274; and Juliet Cohen, “Errors of recall and credibility: can
                omissions and discrepancies in successive statements reasonably be said to undermine credibility of testimony?”, Medico-Legal Journal, vol. 69, No. 1 (2001), pp. 25–34.
            413   Cohen, “Errors of recall and credibility”.


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