Handbook on Civil Society Documentation of Human Rights Violations

               This post is a summary of the book with the title above, published in 2016 at   https://www.vu.nl/nl/Images/PILPG_Handbook_on_Civil_Society_Documentation_of_Serious_Human_Rights_Violations_Sept_2016_tcm289-785328.pdf

               Increasingly, civil society engage in documentation and investigation processes, seeking to collect evidence against those responsible for serious human rights violations. The purpose of this handbook is to provide guidelines and best practices for the collection and management of information on serious huamn rights violations for those that are not trained in such documentation. These enable unofficial investigators to do no harm, identify security risks, preserve crime scenes, prevent the loss of evidence, and manage the information in manner that preserves confidentiality, security and probative value, with an eye to possible use in later redress processes. Realizing the importance of evidence to buttress claims of human rights violations, and that in many situations such information is lost by the lack of investigations, a growing number of actors from civil society have started to engage with or conduct documentation and investigation processes of serious human rights violations. It was in the late 1980 and early 1990s that reports and materials collected by human rights groups began making tangible contributions to the project of international justice. The rapid increase and spread of mobile technology, and the consequent era of citizen journalism that followed, has increased the number individuals engaging with the documentation of human rights violations. The difusion of mobile technology has flooded the media with an exponentially growing amount of footage, allowing for a quasi-live coverage of real events. For example, there are groups organizing themselves to collect information in order to show leaders' connection to human rights violations and the increasing number of victims who come forward to share the stories of the harms they suffered. This handbook is meant to guide those who encounter information (or themselves witness) serious human rights violations when no official and investigative authority is available. Talking of "investigation by civil society actors" can both be misleading and controversial. While only professionally trained experts acting in their official capacity can carry out "formal investigations" for the purpose of criminal accountability. The way in which the term civil society "investigations" is used in this Handbook equates with the term "documentation." This includes documenting crimes scenes, victims' stories and other relevant materials. The choice of the word "unofficial investigators" is also deliberate. The major challenge was to find a term that was both comprehensive and also specific. This handbook should be seen as neither encouraging nor advocating for humanitarian actors' involvement with mechanisms of redress. However, should they want to engage with documenting the occurrences, they are advised to follow the ethical principles and practical guidelines in this Handbook. The Handbook often uses the word "information" about serious human rights violations rather than "evidence" in the spirit of managing expectations. This distinction between information and evidence, however, does not imply that lesser standards apply with regard to its relevance, credibility, reliability, and accuracy. The most important principle when collecting information or evidence is to do no harm to any of the information encoutered, whether it be physical, testimonial, or forensic, and keeping in mind the imperative to always perform a balancing act between the need to preserve information/evidence and the risks of tampering with or deteriorating that same evidence through improper actions. Collecting and documenting information on human rights violations should always be done to serve the best interests of those affected by the violations. This means engaging individuals for the purpose of documenting information of human rights violations in a way that maximizes access to justice for victims, and minimizes as much as possible any negative impact the documentation process may have on them. Unofficial investigators should endeavor to identify options for referring victims and witnesses for assistance and support, and put in place procedures for this referral process. This process includes assessing what services may be needed, including health, phychological, legal and economic assistance. If formal services are not available or accessible, unofficial investigators should always consider what informal systems are in place that can be of support to the victims or witness. A victim or witness may need immediate assistance, or may find the process of disclosing information difficult, traumatic and/or dangerous. It is important to recognize the risks to and prevent re-traumatization.  The effects of trauma can influence a victims's behavior during an interview. Signs of trauma are: Depression, Linear memory loss, concentration problems, emotional reactivity, symptoms of acute stress.  To avoid unintended disclosure, interviewers and subsequent handlers of victims and witness accounts should securely store any information separate from the witness account itself. Risks for victims and witnesses associated with the documentation of human rights violation include: Retaliation, intimidation or threats by alleged perpetrators, and their supporters against victims or witnesses and their families. Coercive pressure to force victims or witnesses to reconcile with perpetrators. Re-traumatization. Loss of livelihood. Arrest, for example where certain acts are criminalized. Unofficial investigators should ask themselves: Will the documentation occur in an area of ongoing fighting, where offenders may still be in the area? May victims and witnesses be at risk of intimidation, further attacks or displacement? If so, what strategies can be put in place to overcome these obstacles? Has the information originated from a victim or witness that is at risk of exposure if that information is traced back to them? If so, what mechanisms can be employed to protect the victim, witness or source from risk? Will going to particular location/crime scenes place the individuals that provided information on those locations in danger? If so, are there ways (such as via an intermediary) to gather information about these locations? Assessing risks to unofficial investigators. Are armed groups, terrorists or criminal networks operating in the area or at the location itself?  Governmental authorities may be the perpetrators of human rights violations. Moreover, they may facilitate or foster an environment in which such abuses occur. Therefore, there may be times when governmental authorities will be subject of investigation. Unofficial investigators should be aware that authorities might pose a danger for those engaged in investigating human rights violations and any people they interact or come into contact with. Are you or your supporters at risk of being targeted specifically? Is there a risk that you or your supporters may be subjected to threats from perpetrators? Consider what procedures can be put in place to prevent or lessen the risks identified: Have you researched the context (politics, history, conflict, and government)? Do you have a security and evacuation plan? Do you have a communication plan? Can you speak the language or do you have an interpreter? Have you the numbers of an emergency contact if you find yourself in danger? Be mindful that keeping emergency contact with you might expose both you and your contact to danger in the case of a search. Will you be adequately equipped to deal with any eventualities? For example, will you have sufficient money, supplies, and communication devices? Do you have a plan, policy and referral options in place regarding emergency assistance or transportation of any victims, witnesses, or other individuals you find in locations that are in need of such? Unofficial investigators exposed to traumatic situations or dealing with traumatized persons should be encouraged to take extended leave to recover, to talk about the stress they are under, and to seek psychological counseling when necessary. Assessing risks to the security of the information: Data protection is important for the safety of victims, witnesses and any individuals involved in the investigation. Do you have a plan to safely collect and store information? How will you keep information safe and confidential? Do not destroy documents unless a tangible risk of real danger exists, as these might become useful in subsequent criminal proceedings as appropiate. Storing documents in an environment where the document will be safe may help to prevent the information from deteriorating further. The information collector should take pictures or make copies of the document by other means. Appropriate measures include storing data in a secure location; using secure computers and defining and recording who has access to what type of data. Personal security measures are important not only for the collection of information but also the holding of important information on human rights violations may pose serious threats to you. It is important to realize that perpretrators of human rights violations have an interest in destroying evidences, and may well consider violent means to do so. Several preventive measures can be taken in order to reduce or mitigate security risks: Regularly conduct risk assessments. Build and use all channels that can alert you to security threats, including those of other organizations. If you are a foreigner, identify where your country's embassy is located, get in touch with them to know of your presence in the country. Establish and maintain, when possible, a good relationship with local, state, and/or federal law enforcement as well as political officials. Work with people that can be trusted. Be fit, alert, and stay sober. When possible, travel with at least one companion, and avoid secluded places. If in danger, seek refuge at a police station, embassy or other safe location. Do not share any information if the trustworthiness of local authorities and police can not be determined. Protect yourself and your information. And always make sure to inform someone on your whereabouts.