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III. LEGAL INVESTIGATION OF TORTURE OR ILL-TREATMENT ISTANBUL PROTOCOL

in the investigation and about any subsequent persons’ accounts of events. In selecting a person as the
developments in the case that may affect them. primary investigator with responsibility for the alleged
victims, special consideration should be given to the
(i) Informed consent and other protection alleged victims’ preference for a person of the same
for the alleged victims gender, the same cultural background or the ability to
communicate in their native language. The primary
208. From the outset, alleged victims should be informed, investigator should have prior training or experience
wherever possible, of the nature of the proceedings, in documenting torture and in working with victims
why their evidence is being sought, and if and how of trauma, including torture. Where appropriate,
evidence offered by them may be used. Investigators the primary investigator should also have specific
should explain to the alleged victims which portions expertise in dealing with child victims of torture or
of the investigation will be public information and ill-treatment, or victims of sexual torture. Children
which portions will be confidential and establish a who may have been traumatized by torture should not
mechanism for making these determinations. Every be isolated from positive and supportive adult contact.
effort should be made to accommodate the schedule The quality of evidence may be compromised if
and wishes of the alleged victims. Alleged victims children are interviewed by those without appropriate
should be regularly informed of the progress of the skills so only investigators who possess sufficient
investigation, particularly following interviews and experience in interviewing children, or expertise in
examinations. The alleged victims should also be working with them, should be involved in interviewing
notified of all key hearings in the investigation and child victims of torture or ill-treatment. Interviews
prosecution of the case. The investigators should that are not properly conducted may retraumatize
inform the alleged victims of the arrest of the victims, place them at additional risk, affect the
suspected perpetrators. Alleged victims of torture or quality and reliability of the information provided
ill-treatment should be given contact information and distort victims’ memory of the events. 364 At the
for advocacy and treatment groups that might be same time, while being careful to ensure that children
of assistance to them. Investigators should work are interviewed by professionals with appropriate
with such groups within their jurisdiction to ensure skills, children must not be isolated because of fear
that there is a mutual exchange of information and of contaminating evidence from those who must
training concerning torture and ill-treatment. continue to have ordinary and caring contact with
them. Child well-being and best interests must be
209. Seeking informed consent from children involves their paramount at all times. Information and guidance
parents or legal guardians, but also consideration about torture, and interviewing torture victims, is
of possible independent consent from the child in available from sources, including this manual, several
addition to that of responsible adults. It requires professional and training publications, training courses
consideration of safeguarding the child’s best and professional conferences. 365 The investigator
interests (see para. 170 and annex II below). should also have access to international expert
advice and assistance throughout the investigation.
(ii) Selection of the investigator
(iii) Context of the investigation
210. The authorities investigating the case must identify
a person primarily responsible for interviewing the 211. Investigators should carefully consider the
alleged victims. While the alleged victims may need context in which they are working, take necessary
to discuss their case with both legal and medical precautions and provide safeguards accordingly. If
professionals, the investigating team should make interviewing persons who are still imprisoned or in
every effort to minimize unnecessary repetition of such similar situations in which reprisals are possible,

364 Ferro Ribeiro and van der Straten Ponthoz, International Protocol on the Documentation and Investigation of Sexual Violence, p. 161.
365 Materials include Polona Tepina, The Torture Reporting Handbook: How to Document and Respond to Allegations of Torture within the International System for the Protection
of Human Rights, 2nd ed. (Colchester, Human Rights Centre, University of Essex, 2015), including appendices that list relevant instruments and further information and reading;
Svandize, Effective Investigation of Ill-Treatment, which has six appendices, including key European documents; Asia Pacific Forum of National Human Rights Institutions,
Undertaking Effective Investigations: A Guide for National Human Rights Institutions (Sydney, 2013, updated in 2018); Association for the Prevention of Torture, Asia Pacific
Forum of National Human Rights Institutions and OHCHR, Preventing Torture: An Operational Guide for National Human Rights Institutions (Geneva, 2010); Redress Trust,
Taking Complaints of Torture Seriously: Rights of Victims and Responsibilities of Authorities (London, 2004); and Foley, Combating Torture (see footnote 240). On sexual
violence, see African Commission on Human and Peoples’ Rights, Guidelines on Combating Sexual Violence and its Consequences in Africa (2017); and Ferro Ribeiro and
van der Straten Ponthoz, International Protocol on the Documentation and Investigation of Sexual Violence. For interviews of child abuse victims, see United States of America,
National Institute of Child Health and Human Development, “Revised NICHD Protocol: interview guide” (2014).

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