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

that is information that provides information device, because some physical signs fade rapidly and
about a file (e.g. time and location when a digital locations can be interfered with. Instantly developed
photograph was taken). The authenticity of the photos may decay over time. More professional
digital evidence is a critical consideration for its use photos are preferred and should be taken as soon
as evidence. Its authenticity should therefore be vetted as the equipment becomes available. If possible,
by using recognized techniques of digital forensics. photographs should be taken using a digital camera,
which records the date and time (either on the
233. As set out in the Berkeley Protocol on Digital Open photo itself or as metadata attached to the photo
Source Investigations: electronically). If a film camera is used, if possible
this should be one with an automatic date and time
Open source investigations are investigations feature, and the chain of custody of the film, negatives
that rely, in whole or in part, on publicly and prints must be fully documented. Additional
available information to conduct formal stringency is required in respect of the storage and
and systematic online inquiries into alleged use of intimate images. If analogue photographs are
wrongdoing. Today, large quantities of taken by someone other than the investigator, their
publicly available information are accessible collection and handling should follow principles
through the Internet, where a quickly evolving of evidence collection and chain of custody.
digital landscape has led to new types and
sources of information that could assist in the (f) Documentary evidence
investigation of alleged human rights violations
and serious international crimes. The ability 235. Documents, both official and non-official, can
to investigate such allegations is of particular be the source of extremely relevant information
value to investigators who cannot physically when documenting torture or ill-treatment.
access crime scenes in a timely manner, which is Documentary evidence should be collected
often the case in international investigations. in particular from detention sites, official
buildings, military bases, court records, hospital
Open source information can provide leads, archives, historical archives or open sources.
support intelligence outputs and serve as
direct evidence in courts of law. However, in 236. Official documents include: (a) lists of prisoners and
order for it to be used in formal investigation other custody records (e.g. lists of deaths, transfer
processes, including legal investigations, logs and food delivery logs); (b) medical certificates;
fact-finding missions and commissions of (c) police records and investigation files; (d)
inquiry, investigators must employ consistent complaints filed with the police, national human rights
methods, which both strengthen the accuracy institutions, offices of missing persons or others; (e)
of their findings and allow judges and other trial documents and previous case law; (f) military and
fact-finders to better evaluate the quality intelligence reports and other operational documents
of the investigation process itself. 370 (duty logs, transport logs, logistics records, reports of
activities, military plans and strategies, communication
(e) Photography records, written directives and orders); (g) identity and
registration documents, including official documents
234. Colour photographs should be taken of the injuries about missing persons and grave registrations; and (h)
of persons alleging that they have been tortured or official archives, such as the minutes of government
ill-treated with the person’s consent, of the premises sessions, command and control documents, internal
where torture or ill-treatment allegedly occurred government memorandums and diplomatic records.
(interior and exterior) and of any other physical
evidence found there. A measuring tape or some 237. Non-official documents include: (a) other health
other means of showing scale on the photograph records; (b) reports and records of civil society
is essential. Photographs must be taken as soon as organizations, including non-governmental human
possible, even with a basic camera or other suitable rights organizations; (c) newspaper articles and

370 Human Rights Centre, University of California, Berkeley, School of Law, and OHCHR, Berkeley Protocol on Digital Open Source Investigations: A Practical Guide on the
Effective Use of Digital Open Source Information in Investigating Violations of International Criminal, Human Rights and Humanitarian Law (New York and Geneva, 2020),
p. vii.

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