This post is the summary of the same book from last week. Book with the title above published https://www.vu.nl/nl/Images/PILPG_Handbook_on_Civil_Society_Documentation_of_Serious_Human_Rights_Violations_Sept_2016_tcm289-785328.pdf
This chapter presents important guidelines on how collect information on human rights violations and importantly, what not to do. Perpetrators of human rights violations do not always leave paper trails evidencing their actions but when they do, this can be used to seek redress for their crimes through a variety of means. For example, they can support the claims made in reports or other publications to raise public awareness. The information can also be used to assess whether national authorities are fulfilling their obligations to respect human rights and to prevent and investigate alleged abuses. And they could be presented to criminal investigators as potential evidence to be used in court. Whatever the purpose of the documentation effort, the primary goal is to create an: accurate, reliable, and precise record of events. If not properly collected, the gathered documentation is unlikely to be used in pursuit of legal redress. Judicial mechanisms determine the weight of documents presented in court based on their probative value. In order for a document to be of probative value and to prove something about a case, it must not have been manipulated or tampered with in any way. There are two ways in which unofficial investigators can become the custodian of documentary information: by collecting the document themselves, becoming its first custodian; or by receiving the document from another person. Documents will be of little value to official criminal investigators if a court can not determine the source and context of the document. Prior to collecting any documents from their original location, unofficial investigators are advised to take pictures of the document in its original location. To prevent loss of information, unofficial investigators are encouraged to make copies of documentary information as soon as possible. Preparations must be made prior to engaging in make copies to ensure the safety of the evidences. Cloud services can be hacked into. Digital information on human rights violations can take many forms. such as : photography, video, email, audio and/or video testimony, sms communication, posts on social media, etc. Harm done to an individual may well be mental rather than or in addition to physical injuries. Psychological evaluations can provide important information/evidence of the harm done and the violations that have occurred. Certain symptoms may help direct professionals to uncover what has happened and what psychological injury the individual involved may be suffering from. Moreover, information on psychological injury is important to refer the appropriate support to victims. It is crucial to be aware of the vulnerability of the individual involved. Observations may include a discussion of symptoms, including sleep disturbances, behavior changes and mood. Through interacting with the victim it is also possible to establish a degree of objectivity by taking notice of how the victim's demeanor changes when discussing particular topics. In the interaction with a victim, as an interviewee, it is important to adopt a sensitive and empathetic attitude as this may offer the individual some relief and helps build rapport. Ideally, this attitude will communicate to the victim that his/her complaints and suffering are recognized. The collection and management of information on human rights violations may present security risks to unofficial investigators and their contacts. International personal deployed as official investigators should in principle fall under the protection of multilateral agreements with the host state. However, specific circumstances can prevent such agreements to be in use. It is these types of situations in which members of local civil society organizations actors engage in documentation as unofficial investigators. The principle of sources is essential in respecting the do no harm principle. As a basic rule, witnesses and victims should not find themselves in danger because of documentation activities. An informant should fully understand these risks and indicate their acceptance of them. Confidentiality is the main way to ensure the security of informants and an essential precaution to prevent risk to those that engage with unofficial investigators. It also renders victims and witnesses and other relevant sources more willing to cooperate. A breach of confidentiality can put everyone involved at risk and undermines the trust between informants, witnesses and victims. When a court, tribunal or commission requests information for their proceedings, this may require a reconsideration of confidentiality. Such institutions are supposed to operate with the best interest of the victim and witness in mind and they should implement measures to protect them. Unofficial investigators generally have the possibility to negotiate and implement confidentiality measures, such as anonymity. Despite these measures to minimize security risks, it is important to be aware that there are still many risks involved. Victims, witnesses and other informants may experience verbal threats, intimidation, harassment, assault, or property damage, if not worse. It is important to provide support and security to these individuals. The police can implement a security program. However, when the police are implicated in the violations, other security protection should be put in place. Unofficial investigators may contribute to this by considering undertaking the following security measures: Arrange a temporary change of residence. Provide emergency contacts. Change the victims's telephone number. Install security devices in the individual's home (such as alarms and fencing). Provide electronic warning devices and mobiles phones with emergency numbers. Use discrete and safe premises to interview and brief witnesses. The level and extent to which such measures can be put in place depends on the resources and expertise available. Reach out to bigger and more resourced organizations and their networks before interacting with an informant in order to discuss the safest option or the most practicable confidentiality procedure that is available. In addition to the safety of those involved, security in handling information is important because of the potential evidentiary value of the information itself. The information security measures discussed so far are important for heeping the information secure, but also protect everyone involved. Security risks can originate from many different persons or organizations. Security risks may include (attempted) murder, beatings, police harassment, arbitrary detention, bombings, intimidation, etc. However, consider also that statistically speaking road traffic accidents and unexploded mines remain the greatest security risks for most field missions. Most civil society organizations operating in dangerous areas have security procedures in place that are developed by security professionals. Make yourself familiar with these procedures. When possible, also study any contingency plan in detail. Know that vulnerability increases when traveling in zones with poor communication networks or where conflict and violence is ongoing. Always be alert and regularly conduct risk assessment. Do not put yourself in compromising situations.
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