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

2. 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

3. Collecting physical evidence
International Protocol pages, , 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

4. Collecting physical evidence
International Protocol, pages , 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

5. Collecting documentary
evidence
International Protocol, pages
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

6. Collecting documentary WHEN DEALING WITH DOCUMENTS
evidence
International Protocol, pages
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

7. 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

8. Processing sites of violations
International Protocol, pages
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

9. 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

10. Processing sites of violations
International Protocol, pages
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

11. 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

12. 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

13. Photographing, video-recording and sketching
International Protocol, pages
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

14. Photographing and video-recording
International Protocol, pages
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

15. Photographing and video-recording
International Protocol, pages
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

16. Photographing physical injuries
International Protocol, pages
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

17. ADDITIONAL TIPS WHEN TAKING VIDEO-RECORDINGS
International Protocol, pages
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

18. 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

19. Chain of custody
International Protocol, pages
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

20. Chain of custody
International Protocol, pages
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

21. Chain of custody 1. Label the document/item 2. Make detailed notes
International Protocol, pages
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

22. Chain of custody 4. Seal and sign 5. Attach notes 6. Keep transfer log
International Protocol, pages
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

23. Chain of custody
International Protocol, pages
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