Witnesses
Interviews
Interview statements from witnesses are valuable sources of information and are crucial to building criminal cases to hold perpetrators of serious international crimes accountable. In-person interviews that result in signed witness statements are the most likely to be admissible in any court or tribunal.
The Mechanism recognizes that many witnesses have already been interviewed by other organizations and strives to avoid unnecessary duplication that could lead to further harm or suffering.
When a statement is taken by the Mechanism, it is done by a team of lawyers and investigators with the support of a Myanmar language interpreter where needed. The witness is encouraged to ask questions and raise any issues related to their security or well-being.
The team listens to the experience of the witness and asks follow-up questions so that the information is clearly understood. To ensure the information is captured accurately, the completed statement is read back to the witness, and the witness then signs it.
The Mechanism securely and confidentially stores witness statements to ensure safety and privacy. Statements will only be shared with relevant courts or tribunals with the informed consent of the person who was interviewed.
Protection and support
Through each step of its investigations, the safety, security and well-being of the Mechanism’s witnesses and information providers are of paramount importance. The Mechanism provides specialized expertise on witness protection and psychosocial support.
Before an interview, the Mechanism’s witness protection specialist assesses the witnesses’ security needs and advises the investigators on mitigating potential risks. The Mechanism recognizes that cooperation with it carries significant risks for some witnesses and takes all reasonable measures within its capabilities to minimize them. However, the Mechanism does not have the power to provide physical security, guarantee the safety of witnesses, or grant anyone the right to travel or enter any country.
The Mechanism provides psychological support to witnesses before, during and after their interviews to avoid re-traumatizing them, and aims to ensure, as much as possible, that engagement with the Mechanism causes them no further harm. Its specialists assess and identify the witnesses’ needs and risks, and foster a supportive and empowering environment, particularly for witnesses who were victims of sexual and gender-based crimes or crimes against children. For witnesses that need additional medical and psychological support, the Mechanism also provides referrals to relevant service providers.
