Gathering of evidence

In all court proceedings, evidence needs to be produced in order to support the allegations made. The gathering of evidence usually takes place through a legal investigation with the aim to uncover the commission of the alleged acts and identify the offender.

Generally speaking, investigation requires thorough and systematic inquiry. Legal investigations are conducted in preparation or support of legal proceedings. The aim is to gather the necessary elements and facts of the case in order to reconstruct the circumstances of the case that will allow the court to pass a judgment with full knowledge and deliberation.

Before addressing the questions of whom, how and what concerning the investigation, it needs to be emphasized that investigations into torture are particularly sensitive. One needs to be aware of the particular vulnerable position of the victim and witnesses. Re-traumatisation of victims has to be avoided: recurrence and intimidation has to be prevented. Witness protection is of utmost importance and where appropriate victims and witnesses should be placed in special witness protection programs [1]. In every kind of investigation and evidence gathering, the security of a person should have priority.

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1. Istanbul Protocol, Chapter III C. (d), Safety of witnesses, p. 20