Collecting Additional Information Module 12 Collecting Additional Information INTERNATIONAL PROTOCOL PART V – DOCUMENTATION IN PRACTICE: GATHERING INFORMATION PAGES 186-201 Training Materials on the International Protocol © Institute for International Criminal Investigations 2018

Session objectives Identify procedures for processing/recording documents & sites of violations Explain how to best photograph, video-record and sketch sites of violations, physical evidence and injuries Understand basic requirements for maintaining chain of custody Training Materials on the International Protocol © Institute for International Criminal Investigations 2018

Collecting physical evidence International Protocol pages, 186-192, Module 4 – Individual Criminal Responsibility Module 9 – Planning and Module 10 –Types of Evidence Annex 3 – Reasons not to Collect Physical Evidence/Annex 9 – Chain of Custody Form Some jurisdictions may require physical evidence to corroborate testimonial evidence about sexual violence – you must research and understand local requirements and applicable rules of evidence on corroboration and other evidentiary issues As a matter of international law, physical evidence is not required to prove or corroborate sexual violence as an international crime, nor is it required as part of documentation for advocacy or non-judicial purposes – but you need to confirm this Do not collect physical evidence unless it is strictly necessary – can you use other information to establish the same facts? Collecting physical evidence, International Protocol Chapter 12, Box 4 Chain of custody – specificities for physical evidence, International Protocol Chapter 12, Box 7 © Institute for International Criminal Investigations 2018

Collecting physical evidence International Protocol, pages 186-192, Module 4 – Individual Criminal Responsibility Module 9 – Planning and Module 10 –Types of Evidence Annex 3 – Reasons not to Collect Physical Evidence/Annex 9 – Chain of Custody Form Consider sketching, photographing or video-recording the item rather than collecting it or removing it from a site of violation – victim/witness testimony can also provide related information If you do not have a trained professional with the mandate and 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 You should only collect physical evidence in exceptional circumstances or if it is the only possible way to record or preserve the evidence – and you must then maintain the chain of custody Collecting physical evidence, International Protocol Chapter 12, Box 4 Chain of custody – specificities for physical evidence, International Protocol Chapter 12, Box 7 © Institute for International Criminal Investigations 2018

Collecting documentary evidence International Protocol, pages 186-192 Module 9 – Planning and Module 10 – Types of Evidence Annex 3 – Reasons not to Collect Physical Evidence Annex 9 – Chain of Custody Form Documentary evidence may be useful to strengthen and corroborate testimonial evidence You may find CARSV documentary evidence as part of your documentation in the field, at sites of violations, or receive it from individuals (e.g. doctors, government officials) Generally speaking, if you are not conducting official investigations, you should not collect documents, but copy and record the information instead Practical examples of how to deal with documents, International Protocol Chapter 12, Box 2 Training Materials on the International Protocol © Institute for International Criminal Investigations 2018

Collecting documentary WHEN DEALING WITH DOCUMENTS evidence International Protocol, pages 186-192 Module 7 – Do No Harm, Module 9 – Planning and Module 10 – Types of Evidence Annex 3 – Reasons not to Collect Physical Evidence Annex 9 – Chain of Custody Form You may not have the authority to seize or compel documents, but you can accept them if you have the capacity for appropriate and secure storage (and if safe for you to do so) COMPLY WITH THE FOLLOWING MINIMUM REQUIREMENTS WHEN DEALING WITH DOCUMENTS Best practice when dealing with documents, International Protocol Chapter 12, Box 1 Respect confidentiality Accurately copy and record Do not seize documents without authority Training Materials on the International Protocol © Institute for International Criminal Investigations 2018

COMPLY WITH THE FOLLOWING MINIMUM REQUIREMENTS Processing documents COMPLY WITH THE FOLLOWING MINIMUM REQUIREMENTS Documents should be handled and shared safely, ethically and lawfully Assess any potential risks to victims/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 and comply with chain of custody requirements 3. Do not seize without authority Best practice when dealing with documents, International Protocol Chapter 12, Box 1 Training Materials on the International Protocol © Institute for International Criminal Investigations 2018

Processing sites of violations International Protocol, pages 189-198 Module 9 – Planning and Module 10 – Types of Evidence Annex 3 – Reasons not to Collect Physical Evidence/Annex 9 – Chain of Custody Form If you are able to safely access a site or location where CARSV took place, it can be a source of very valuable physical, documentary and digital information that can corroborate testimonial evidence – collaboration of medical/forensic experts is key Taking photos or video-recordings of the site of violation, making sketches and recording GPS coordinates can help establish relevant information about the location and context You should have appropriately trained staff to collect any relevant physical, documentary or forensic evidence from the site – if not, you should only record and document the site © Institute for International Criminal Investigations 2018

Processing sites of violations International Protocol, page 189 Module 9 – Planning and Module 10 – Types of Evidence Module 13 – Storing and Handling Information Annex 3 – Reasons not to Collect Physical Evidence/Annex 9 – Chain of Custody Form Types of evidence which can be found at sites of violations include: 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 2018

Processing sites of violations International Protocol, pages 189-192 Module 9 – Planning and Module 10 – Types of Evidence Module 13 – Storing and Handling Information Annex 3 – Reasons not to Collect Physical Evidence/Annex 9 – Chain of Custody Form As discussed, you should not collect any physical evidence from sites of violations unless you are trained and authorised to do so – and have the necessary equipment and other resources USE THE FOLLOWING STEPS TO RECORD THE SITE INSTEAD Record the location Appoint a site manager Take notes of actions taken Photograph site/ evidence Sketch site/ evidence Leave site as you found it Key steps when approaching sites of violations, International Protocol Chapter 12, Box 3 Training Materials on the International Protocol © Institute for International Criminal Investigations 2018

Processing sites of violations USE THE FOLLOWING STEPS TO RECORD THE SITE INSTEAD Take detailed GPS coordinates/map references Record any landmarks or physical features Keep the identifying information confidential 1. Record the location One of your team should act as site manager They should maintain a log of all site’s visitors They are also responsible for securing it 2. Appoint a site manager The site manager should take detailed notes of who was present at the site, what was found, when it was found and what action was taken in relation to items located 3. Make notes of all actions taken Key steps when approaching sites of violations, International Protocol Chapter 12, Box 3 Training Materials on the International Protocol © Institute for International Criminal Investigations 2018

Processing sites of violations USE THE FOLLOWING STEPS TO RECORD THE SITE INSTEAD Record undisturbed site/contents, show scale Include overall, context and close-up photos Maintain a photo log (include person, date, time) 4. Photograph the site/evidence Sketch should be overhead view & include scale Include key features, location, type of evidence Sign and date the sketch 5. Sketch the site/evidence Do not disturb the site/collect physical evidence Only remove it if you are properly trained, cannot record it and believe it might be destroyed 6. Leave the site as you found it Key steps when approaching sites of violations, International Protocol Chapter 12, Box 3 Training Materials on the International Protocol © Institute for International Criminal Investigations 2018

Photographing, video-recording and sketching International Protocol, pages 193-198 Module 7 – Do No Harm When you are in the field, you may come across places and/or items that suggests that an act of sexual violence has occurred You should aim to photograph, sketch and (where possible) video-record this information – this can be compelling evidence for future justice or reparation proceedings - in the case of physical evidence, this is much better than collecting it unless you have the relevant authority and resources Only trained medical practitioners should photograph physical injuries, and only with the express permission of the victim/witness Training Materials on the International Protocol © Institute for International Criminal Investigations 2018

Photographing and video-recording International Protocol, pages 193-197 Module 7 – Do No Harm and Module 9 - Planning Photographs and videos can be very useful evidence provided you can demonstrate their authenticity i.e. show that they are genuine To reduce the risks of others challenging the authenticity of the evidence and increase its evidentiary value, you should comply with some basic steps Before taking photographs/videos of sites of violations, physical evidence and/or injuries, you should in particular: Learn how to use your camera/ set date/time function Obtain informed consent/authorisation to take photographs/videos of individuals/sites of violations Plan to get testimony to explain what it is, when, where, why and by whom photos/videos were taken © Institute for International Criminal Investigations 2018

Photographing and video-recording International Protocol, pages 193-197 Module 7 – Do No Harm Take photos/videos as soon as possible and do not disturb site of violation/physical evidence For sites of violations/physical evidence, take shots from different angles (overall, context and close-up) with scale Ensure photographs/videos are clear and accurate and only use a smartphone if there is no other alternative Use the camera date and time function to date the photos/videos or take a picture of/film that day’s newspaper at the beginning Use a case identifier to match photos/videos to the victim/witness and other corroborative evidence Catalogue photos/videos with a numbering system, note down all information (who, when, etc.) in a log & maintain chain of custody Storing photographs and audio/video recordings, International Protocol Chapter 13, Box 3 © Institute for International Criminal Investigations 2018

Photographing physical injuries International Protocol, pages 193-197 Module 7 – Do No Harm ADDITIONAL TIPS WHEN PHOTOGRAPHING INJURIES Preserve the modesty of the victim at all times Avoid crowded backgrounds Use consistent method e.g. from left to right or top to bottom Take shot of victim’s face for identification purposes Take full-length photo of the victim to show scope of injuries Take medium range shot of each injury to show injured part of the body Take close-up shots of each injury with a scale Take at least two shots of each injury incl. one from 90° angle © Institute for International Criminal Investigations 2018

ADDITIONAL TIPS WHEN TAKING VIDEO-RECORDINGS International Protocol, pages 193-197 Module 7 – Do No Harm and Module 8 – Safety and Security ADDITIONAL TIPS WHEN TAKING VIDEO-RECORDINGS Film with the accurate date and time showing on the screen Film in silence without narration and avoid dramatisations Film the location/ surroundings before you zoom onto the details without stopping Do not stop and start filming to avoid claims of cutting out a part of the video Supplement/ corroborate video evidence with witness testimony When filming a violent act in progress, prioritise your security over the evidence When filming a dead body/physical evidence film 360° first and circle evidence zooming in © Institute for International Criminal Investigations 2018

Sketching International Protocol, page 198 A sketch can be a useful alternative or supplement to a photograph which can be used as secondary evidence or simply to refresh your memory Sketch the site after taking photographs but before anything is moved Draw bird’s-eye-view sketch (most common but heights not included) or side view sketch Sketch the entire site, including objects and identity of individuals involved if appropriate If possible, map the site using GPS coordinates or another method Include title (what the sketch represents), time, date, place & name of person who drew the sketch Indicate directions (e.g. north), scale used and approximate measurements/ distances © Institute for International Criminal Investigations 2018

Chain of custody International Protocol, pages 199-201 Module 9 – Planning and Module 10 – Types of Evidence Module 13 – Storing and Handling Information/Annex 9 – Chain of Custody Form Chain of custody refers to the process of keeping a chronological paper trail documenting the collection, custody and transfer of evidence to demonstrate its authenticity and integrity for accountability purposes Chain of custody aims to show where a document/item comes from and that is has not been fabricated or tampered with Principles of chain of custody apply to both documentary and physical evidence, incl. digital evidence in physical/documentary format (e.g. paper photographs or photos on a memory stick) © Institute for International Criminal Investigations 2018

Chain of custody International Protocol, pages 199-201 Module 9 – Planning and Module 10 – Types of Evidence Module 13 – Storing and Handling Information/Annex 9 – Chain of Custody Form To maintain the chain of custody of a document/item you must record: How the document/ item was collected Whether and how its possession was transferred Chain of custody You must find out about legal requirements applicable to chain of custody in your jurisdiction © Institute for International Criminal Investigations 2018

Chain of custody 1. Label the document/item 2. Make detailed notes International Protocol, pages 199-201 Module 8 – Safety and Security and Module 9 – Planning Module 10 – Types of Evidence and Module 13 – Storing and Handling Information Annex 9 – Chain of Custody Form In order to maintain chain of custody you should follow these steps: Include a case identifier, date of collection, who collected it/person present, location where it was collected or who it was collected from 1. Label the document/item About measures taken to keep it secure, preservation conditions/agreement with person who handed it over if relevant 2. Make detailed notes Place in a sealable plastic bag, acid-free paper envelope if dampness is present or box if appropriate 3. Place in an evidence bag © Institute for International Criminal Investigations 2018

Chain of custody 4. Seal and sign 5. Attach notes 6. Keep transfer log International Protocol, pages 199-201 Module 8 – Safety and Security and Module 9 – Planning Module 10 – Types of Evidence and Module 13 – Storing and Handling Information Annex 9 – Chain of Custody Form In order to maintain chain of custody you should follow these steps: Seal the evidence bag/envelope & sign over the seal Do not open the bag/envelope at any time 4. Seal and sign Attach the notes to the evidence bag/envelope 5. Attach notes Keep a record of any transfer of the document/item and keep transfers to a minimum Include date/reason for transfer, security/storage 6. Keep transfer log © Institute for International Criminal Investigations 2018

Chain of custody International Protocol, pages 199-201 Module 8 – Safety and Security and Module 9 – Planning Module 10 – Types of Evidence and Module 13 – Storing and Handling Information Annex 9 – Chain of Custody Form When dealing with items of physical evidence the following additional requirements apply: Be aware of collection and packaging methods for the relevant item (e.g. bodily fluids are collected/packaged differently from a piece of clothing or document); Include in the notes how soon after the incident of sexual violence the physical evidence was detected, how close to the location of the incident it was located and how you know this; and Conduct interviews with any witnesses near the site of violation and follow leads before collecting any item of physical evidence Chain of custody – specificities for physical evidence, International Protocol Chapter 12, Box 7 © Institute for International Criminal Investigations 2018