Module 8 – Additional Sources of Information Training Materials on the International Protocol © Institute for International Criminal Investigations 2015 INTERNATIONAL PROTOCOL, PART 2 MODULE 8 PAGES 61-68

Training Materials on the International Protocol © Institute for International Criminal Investigations 2015  Physical evidence is any physical object or material that can provide relevant information to establish that sexual violence took place, or that can provide a link to the scene, victim or perpetrator  The amount and type of physical evidence of sexual violence which can be recovered will vary depending on, for example, how long ago the violence took place, whether the victim was seen by a doctor, and whether the scene can be accessed  Physical evidence can corroborate or help establish certain facts, but you also will need other forms of evidence for it to be relevant Physical evidence International Protocol, pages Module 2 – Sexual Violence as an International Crime Module 4 – Key Planning Topics Module 9 – Storing Information and Annex 6 – Chain of Custody

Training Materials on the International Protocol © Institute for International Criminal Investigations 2015 Types of physical evidence International Protocol, pages Module 2 – Sexual Violence as an International Crime Annex 6 – Chain of Custody Annex 10 – Sample Sexual Assault Medical Certificate Physical material – clothing, ligatures, bedding, condoms, towels, rope/tape Evidence of force –bruising, burns, cuts, scars, internal or external injuries Evidence of weapons – bullet casings, shrapnel, knives, torture devices Electronic/digital items – phones, computers, other electronic devices Biological forensic evidence – blood, semen, skin/hair, bone, teeth

Training Materials on the International Protocol © Institute for International Criminal Investigations 2015  If the answer to any of those questions is no, you should not collect physical evidence – you may not be able to use it and doing so may even be illegal in your jurisdiction  Mishandled physical evidence is no evidence Collecting physical evidence International Protocol, pages Module 4 – Key Planning Topics Module 9 – Storing Information Annex 6 – Chain of Custody H AVE YOU BEEN PROFESSIONALLY TRAINED ? D O YOU HAVE THE NECESSARY LEGAL AUTHORITY ? C AN YOU PROPERLY STORE AND PRESERVE IT ? H AVE YOU BEEN PROFESSIONALLY TRAINED ? D O YOU HAVE THE NECESSARY LEGAL AUTHORITY ? C AN YOU PROPERLY STORE AND PRESERVE IT ?

Training Materials on the International Protocol © Institute for International Criminal Investigations 2015  Some jurisdictions may require physical evidence to corroborate other information about sexual violence – you must research and understand the local requirements and applicable rules of evidence on corroboration and other evidentiary issues  Physical evidence is not required to prove or corroborate sexual violence as an international crime or as part of documentation for advocacy or non-judicial purposes – but you need to confirm this  If it is not necessary for you to collect physical evidence for your investigation/documentation, you should not do so – is it possible to use other information to establish the same facts? Collecting physical evidence International Protocol, pages Module 2 – Sexual Violence as an International Crime Module 4 – Key Planning Topics and Module 6 – Testimony Annex 6 – Chain of Custody Annex 9 – Rules of Evidence and Procedure

Training Materials on the International Protocol © Institute for International Criminal Investigations 2015  Consider sketching, photographing or video-recording the item rather than collecting it or removing it from the scene – survivor and witness testimony can also provide related information  You should only collect physical evidence in exceptional circumstances or if it is the only possible way to record or preserve the evidence (and if it is safe to do so) – but you must then maintain the chain of custody  If you do not have appropriate facilities/resources to store the evidence, you should not collect it – physical evidence which has not been handled and stored correctly is often useless Collecting physical evidence International Protocol, pages Module 4 – Key Planning Topics and Module 6 – Testimony Module 9 – Storing Information Annex 6 – Chain of Custody Annex 8 – Guidance on Sketching, Photographing and Video-Recording

Training Materials on the International Protocol © Institute for International Criminal Investigations 2015 Forensic evidence of sexual violence can be anything that is of use to a court or other body in establishing that sexual violence has taken place: Forensic evidence International Protocol, pages Module 9 – Storing Information and Annex 6 – Chain of Custody Annex 9 – Rules of Evidence and Procedure Annex 10 – Sample Sexual Assault Medical Certificate Medical evidence – records of injuries, bruising, cuts, scars, diseases, pregnancy Digital evidence – mobile or computer records, radio transmissions Biological evidence – proof of sexual contact, identity of perpetrator Biological evidence – proof of sexual contact, identity of perpetrator Weapons evidence – bullet casings, shrapnel, knives, torture devices Photo or video evidence – injuries, crime scene, possible perpetrators Physical evidence from the scene – clothing, ligatures, condoms, tape, gags

Training Materials on the International Protocol © Institute for International Criminal Investigations 2015  Some jurisdictions require specific legal authority to collect that type of information, and medical practitioners cannot or will not share it without the informed consent of the survivor  If forensic medical evidence is not required to prove the specific elements of sexual crimes in your jurisdiction, it should not be collected at all – it can be invasive and distressing  Forensic evidence is not required under international law Collecting forensic evidence International Protocol, pages Module 9 – Storing Information and Annex 6 – Chain of Custody Annex 9 – Rules of Evidence and Procedure Annex 10 – Sample Sexual Assault Medical Certificate  Only appropriately trained medical professionals or criminal investigators should collect forensic evidence about sexual violence such as biological samples or medical examinations

Training Materials on the International Protocol © Institute for International Criminal Investigations 2015  If you are able to safely access the scene or location where the sexual violence took place, it can be a source of very valuable information  Taking photos or video-recordings of the scene, making sketches and recording detailed GPS coordinates can help to establish relevant information about the location and context  You should ideally have appropriately trained staff to collect any relevant physical, documentary or forensic evidence from the scene – if not you should only record and document the scene Crime scenes International Protocol, pages Module 3 – Preliminary Considerations Module 5 – Identifying Survivors and Other Witnesses Annex 8 – Guidance on Sketching and Photographing Crime Scenes

Information documented or recorded at crimes scenes can help to establish: Training Materials on the International Protocol © Institute for International Criminal Investigations 2015 Crime scenes International Protocol, pages Module 2 – Sexual Violence as an International Crime Module 3 – Preliminary Considerations Annex 8 – Guidance on Sketching and Photographing Crime Scenes That an act of sexual violence took placeThat a widespread or systematic attack against civilians took placeThe circumstances of the act (form, duration, use of force, detention)The identity or affiliation of the potential perpetrator(s)The organisation and structure of the perpetrator groupCorroborating details of survivor/witness testimony (if useful/necessary)

Training Materials on the International Protocol © Institute for International Criminal Investigations 2015 Types of evidence/information which can be found at crime scenes include: Crime scenes International Protocol, pages Module 3 – Preliminary Considerations Module 9 – Storing Information Annex 8 – Guidance on Sketching and Photographing Crime Scenes Proof of layout, physical features of scene Documents, official records, orders, duty logs, IDs Clothing, uniforms, bedding, sheets Phones, computers, other electronic devices Stains, blood, semen or other bodily fluids Weapons, knives, bullets, shells, shrapnel Bodies, body parts, skeletal remains Proof of occupation (food, power, drugs/alcohol)

Training Materials on the International Protocol. © Institute for International Criminal Investigations 2015  As discussed earlier, you should not collect any physical evidence from crime scenes unless you are trained and authorised to do so U SE THE FOLLOWING PROCEDURE TO RECORD THE SCENE INSTEAD : Processing crime scenes International Protocol, pages Module 3 – Preliminary Considerations Module 9 – Storing Information Annex 8 – Guidance on Sketching and Photographing Crime Scenes Processing crime scenes International Protocol, pages Module 3 – Preliminary Considerations Module 9 – Storing Information Annex 8 – Guidance on Sketching and Photographing Crime Scenes Take detailed GPS coordinates or map readings Record any landmarks or physical features Keep the identifying information confidential 1) Record the location One of your team should act as the site manager They should maintain a log of all visit(or)s to the site They are also responsible for securing the site 2) Appoint a site manager

Training Materials on the International Protocol © Institute for International Criminal Investigations 2015 U SE THE FOLLOWING PROCEDURE TO RECORD THE SCENE INSTEAD : Processing crime scenes International Protocol, pages Module 3 – Preliminary Considerations Module 9 – Storing Information Annex 8 – Guidance on Sketching and Photographing Crime Scenes Processing crime scenes International Protocol, pages Module 3 – Preliminary Considerations Module 9 – Storing Information Annex 8 – Guidance on Sketching and Photographing Crime Scenes Sketches should be overhead view & include scale Include key features, location & type of evidence Sketches should be signed and dated by the artist 3)Sketch the scene/evidence Record the undisturbed site/contents, show scale Include overall, context and close-up photos Maintain a photo log (include person, date, time) 4) Photograph the scene/evidence Do not disturb the site or collect physical evidence Only remove evidence if you are properly trained, cannot record it and believe it might be destroyed 5) Leave scene as you found it

Training Materials on the International Protocol © Institute for International Criminal Investigations 2015  Documentary evidence may be produced as a result of your own research or you may encounter and collect it as part of your investigation/documentation in the field  Documents may be official (duty logs, police reports, formal written orders) or non-official in nature (human rights reports, interview notes, academic surveys)  You may not have the authority to seize or compel documents, but you can collect or accept them if you have the capacity for appropriate and secure storage (and if safe for you to do so) Documentary evidence International Protocol, pages Module 2 – Sexual Violence as an International Crime Module 3 – Preliminary Considerations Module 9 – Storing Information and Annex 7 – Chain of Custody

Documentary evidence can help to establish: Training Materials on the International Protocol © Institute for International Criminal Investigations 2015 Documentary evidence International Protocol, pages Module 2 – Sexual Violence as an International Crime Module 5 – Identifying Survivors and Other Witnesses Module 6 – Testimony and Annex 7 – Chain of Custody The pattern, frequency and intensity of sexual violenceThe identity of potential perpetrators and responsible commandersThe existence of plans, orders or strategies to carry out sexual violenceThe organisation, structure and chain of command of perpetrator groupsPotential witnesses/sources of information and other avenues of inquiry

Training Materials on the International Protocol © Institute for International Criminal Investigations 2015 Useful documents which can be relevant to sexual violence include: Types of documents International Protocol, pages Module 3 – Preliminary Considerations Module 5 – Identifying Survivors and Other Witnesses Module 6 – Testimony and Annex 7 – Chain of Custody Evidence-based surveys and reports, tracking data Prisoner lists, border records, movements of armed groups Police records, duty logs, situation reports Photos, videos, satellite images, computer & phone records Medical reports/ certificates, treatment notes Formal written orders, military directives or communications Human rights & NGO reports, monitoring data Statements from survivors, witnesses, local leaders

Training Materials on the International Protocol © Institute for International Criminal Investigations 2015 U SE THE FOLLOWING PROCEDURE WHEN DEALING WITH DOCUMENTS : Processing documents International Protocol, pages Module 3 – Preliminary Considerations Module 6 – Testimony Module 9 – Storing Information and Annex 7 – Chain of Custody Processing documents International Protocol, pages Module 3 – Preliminary Considerations Module 6 – Testimony Module 9 – Storing Information and Annex 7 – Chain of Custody Documents should be handled safely and ethically Assess any potential risks to survivors/witnesses Sharing personal data requires informed consent 1) Respect confidentiality Record relevant details (date, context, contents) Third party sources should provide a statement Ensure copies are clear and include both sides 2) Accurately record and copy Do not seize/remove documents without authority Only collect/accept documents you can store safely Content/location data can help future investigators 3) Do not seize documents