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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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