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.”). 71

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