Principle 2: Thorough Investigation
them to consider the possibility of conflicting accounts or gaps in information
in advance.177 EMBs or other responsible authorities can create a standardized
set of questions to assist investigators but investigators should always tailor
the questions for each interview. Prior to an interview, investigators should
also gather any relevant documents necessary for the discussion.178
Questioning and Taking Statements
An investigator should create an atmosphere wherein the witness can talk freely. If a
witness is literate, she/he should be allowed to write the Statement herself/himself.
In case the witness is illiterate the Statement can be written by a person of his or
her choice or as a last resort a member of the Investigation Committee can write the
Statement but it must be read out to the witness in front of a witness of his/her choice.
Only after affirmation by the witness, should the witness be allowed to affix his/her
signature on the Statement and the witness of choice should be required to sign at the
bottom of the Statement that the document was read out and affirmed before being
signed. A Statement written by the witness himself/herself should be examined before
his/her signature is affixed, as it is possible the witness may verbally state many facts
when questioned by the investigator but may not put down all the relevant facts in the
written Statement.
The best option for an investigator is to ask relevant questions and then simultaneously
note it down. When all the facts are noted on a paper, the investigator has to make
it amply clear to the witnesses on the contents before appending the necessary
signatures.
From Election Commission of Bhutan, Election Dispute Settlement Manual
Documenting Interviews
During the interview, investigators should take a statement from interviewees.
In fact, such a statement has been described as the “most important part of the
177
Crenshaw, Cullen, & Williamson, supra note 177.
178 See, e.g., Michael Volkov, Best Practices for Internal Investigation Interviews, JD Supra (Feb. 26, 2013), http://www.jdsupra.
com/legalnews/best-practices-for-internal-investigatio-69777/ (“[D]ocuments are invaluable tools for investigators when
conducting interviews. They constrain the witness’ ability to fabricate or mislead. In many cases, they provide the boundaries
for truth.”).
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