Election Investigations Guidebook
much as possible to use the actual words spoken by the subject” when taking
interview notes, investigators can later differentiate more easily between facts
and opinions.191 The United States Department of Justice also recommends to
its investigators that they label a statement as either a fact or an opinion in the
margin of their interview notes.192 By adopting techniques like this, election
investigators can ensure that opinions and hearsay do not form the basis of
subsequent investigative findings.
In addition to thoroughly documenting the process before and during the
interview, investigators should also prepare a post-interview report. At a
minimum, the report should contain basic contextual information, including
the date, place, and time of the interview as well as a list of all individuals in
attendance. The Commissioner of Elections Canada provides investigators
with an interview coversheet that contains blank spaces for recording all
necessary information.193 Investigators can then append their notes, witness
statements, and any other additional documents directly to this standardized
cover page for safekeeping. Similarly, Indonesian regulations provide investigators with a model form for reporting interview results.194
Conducting Interviews
As well-established international guidelines outline, interviews with suspects
should generally be conducted by two investigators.195 The Canadian Special
Investigators’ Manual aptly describes the rationale underlying this standard.196
A second investigator can help assess the character and credibility of the
interviewee and the reliability of the evidence and each investigator can
corroborate the other’s account with an “independent, verifiable and accurate
record of the interview.”197 Drawing an analogy to police interrogations, it is
191
Id. ¶ 11.5.
192 U.S. Dep’t of Justice, Guidelines on Interviewing Techniques (Tab 18), in Investigation Procedures Manual for the Investigation
and Resolution of Complaints Alleging Violations of Title VI and Other Nondiscrimination Statutes (1998), http://www.justice.gov/
crt/grants_statutes/tab18.php.
193
See Canadian Investigators’ Manual Ch. 11, supra note 168, at 37.
194 Bawaslu Regulation No. 14/2012, supra note 173, art. 15(2) (requiring that the interview testimony be “formalized into a
Formal Clarification Report using the Model B.8-DD form”).
195 Uniform Guidelines 2009, supra note 25, ¶ 3; accord UNDP Investigation Guidelines 2010, supra note 173, ¶ 11.1; cf. Rep.
of the Joint Inspection Unit, Investigations Function in the United Nations System, ¶ 46, U.N. Doc. A/67/140; GAOR, 67th Sess.
(Jul. 13, 2012) (“Most investigation procedures call for two investigators to interview.”)
196
See Canadian Investigators’ Manual Ch. 11, supra note 168, at 17–18.
197
Id. at 17.
74