FIGHTING TORTURE IN CLOSED ENVIRONMENTS AND FROM EXILE A GUIDE FOR THE SOS TORTURE NETWORK ON INVESTIGATING AND DOCUMENTING TORTURE REMOTELY 2 NOTHING CAN JUSTIFY TORTURE 3 06 I. OVERVIEW 07 1. Introduction 10 2. Scope 14 3. Methodology 16 4. Acknowledgements DOCUMENTING TORTURE: A REMINDER OF DEFINITIONS, BASIC PRINCIPLES AND 18 II. GOOD PRACTICE 20 1. Framework and definitions 25 2. Human rights investigations: good practices DOCUMENTING TORTURE 32 III. FROM A DISTANCE 33 1.Documenting torture from a distance versus documenting torture in the field 36 2. What should you document? 39 3. Remote investigation and documentation 39 A.Building and maintaining TABLE OF information networks 43 B.Identifying and contacting CONTENTS witnesses 4 44 i) Victims USING INFORMATION 47 ii) Victims’ families, friends 96 V. STRATEGICALLY and neighbours 48 iii) State officials and other inside sources 50 iv) Lawyers 98 1. Deciding if, when and how to 50 v) Doctors make information public 52 vi) Visitors 99 A.Publishing immediately or 53 vii) Human rights In the short term organisations in other 100 B.Publishing later countries 102 C.Disadvantages of going 53 viii) Calls for information public 54 C.Interviewing victims, witnesses 104 D.Not publishing: private and other sources advocacy and other activities 54 i) Face-to-face interviews 57 ii) Long distance interviews 63 iii) Interviewing in writing 64 iv) Supporting torture WORKING IN EXILE: victims CHALLENGES AND 65 D.Assessing the credibility of 105 OPPORTUNITIES sources and information VI. 68 E.Verification 73 F.The role of intermediaries 107 1. Challenges 76 G.Other forms of evidence 113 2. Opportunities 76 i) Photos, videos and audio 113 A.Making connections recordings 115 B.Improving systems and or- 79 ii) Documents, notes and ganisation other written information 116 C.International advocacy 82 iii) Objects 117 D.Media work 83 iv) Open source information 88 IV. SECURITY 120 VII. TRAINING 90 A.Cross-cutting points 90 B.Security of witnesses 91 C.Security of human rights defenders in exile CONCLUSION 91 D.Security of communications 93 E.Security of information AND MAIN 94 F. Sending money 124 VIII. RECOMMENDATIONS 5 I. OVERVIEW 6 1.INTRODUCTION The idea for this guide emerged from the realisation that human rights defenders from an increasing number of countries are having to work remotely, but that there is no designated space for them to pool their experiences and no centralised advice on how to document torture from a distance. This guide is a first step towards filling that gap. 7 As civil society organisations around the world have evolved and strengthened, acquiring new skills and accessing new platforms to make their voices heard, so governments and, in some instances, non-state groups have intensified their efforts to silence critical voices. In response to major political and social developments, notably the “Arab spring” and mass public protests in other countries, a new generation of repressive governments has emerged, targeting peaceful critics with a brutality rivalling those of countries where authoritarianism has been the norm for decades. Human rights defenders are finding themselves under renewed attack in multiple countries in Africa, the Middle East, Asia, the Americas and Europe. In other cases, armed conflict, widespread insecurity, and violence by state and non- state actors have turned lives upside down and created an environment in which collecting human rights information in the field has become overcoming the many hurdles of life in practically impossible. Researchers exile, including separation from family, working for international human rights friends and colleagues. Human rights organisations or the United Nations are defenders still based in their country facing similar obstacles as they find often face the greatest risks. Many themselves barred from an ever-growing have to work underground, in extremely number of countries. difficult conditions. Forced into exile or unable to reach In some situations, anti-torture defenders certain areas within their country where cannot continue working in these torture and other human rights violations conditions and have to leave their country are committed, anti-torture defenders because of imminent risks. In many face particular challenges in continuing instances, this may entail spending a their work from a distance, whether few months abroad as a temporary from inside or outside their country. relocation or for the purpose of rest and These challenges range from collecting respite. While their intention may be to and verifying information without direct return to their country after a short while, access to victims and witnesses to continuing security threats may mean 8 I. OVERVIEW this is neither feasible nor advisable. The Finding ways of continuing this work also defenders then have to contemplate the provides exiled human rights defenders difficult prospect of remaining in exile for with a sense of purpose and motivation. a longer period. This in turn encourages those who remain in the country to continue documenting Taking the path of exile is a last resort abuses as best they can, knowing this for most human rights defenders, but it information can be channelled outside and does not mean they have to give up their used to reach broader audiences. work. On the contrary, in such extreme situations, the need is even greater. It Activists from some of the most repressive would be too easy for governments to countries, where human rights work is silence criticism of their human rights effectively criminalised, have shown record by simply banishing or imprisoning extraordinary determination and courage their most vocal critics. Indeed, exiled in persevering with their work and in activists have been working effectively painstakingly documenting and exposing for many years. To some extent, they do torture and other abuses. This guide what local activists cannot do and more. aims to support and encourage them A human rights defender who had to leave in this work by identifying some of the his country after a government crackdown key challenges they face and proposing on local organisations said: strategies and tactics to overcome them. Most of the suggestions in this guide have ‘‘Local organisations are been identified by human rights defenders themselves, on the basis of their own crippled and can’t work experiences with common threads emerging across countries and regions. properly. They can only work under the radar. We try to fill the gap [...] Local organisations can report very few cases, but we can report more and publish information [...] It is much easier to report information from outside.’’ 9 2.SCOPE This guide is intended for use by human personal, professional and practical rights and anti-torture defenders working challenges and opportunities of living from exile, as well as those working and working in exile. Each chapter in severely restricted or dangerous contains detailed advice, and the main environments inside their country and recommendations are synthesised in who may only be able access certain the conclusion. areas for very limited periods. Some of the advice and ideas may also be useful A wealth of information on human rights to investigators and researchers working standards, methodologies and best on closed or semi-closed countries for practices already exists. This guide does international organisations or academic not seek to duplicate those materials, institutions, and to fellow international some of which are listed in the “Further non-governmental organisations (NGOs). Resources” section at the end of Chapter II¹. Instead, it looks at how broadly The main focus of this guide is on accepted practices can be adapted to documenting torture remotely, with an working on torture from a distance and, emphasis on collection and verification how human rights defenders can adjust of information. It also covers security their methods to ensure their work considerations for human rights remains effective. It assumes a basic defenders, victims, witnesses and level of knowledge and experience of intermediaries ( the latter playing a critical human rights work and familiarity with role in remote investigations). In addition, universally accepted good practice, and it includes: security of information and does not provide comprehensive step-by- communication; strategies for deciding, step advice on how to document human if, when and how to make information rights abuses. public; redefining targets and objectives, 1 One of the most concise and user-friendly guides is the Ukweli handbook, published by Amnesty International and CODESRIA, and its accompanying booklets, one of which focuses on monitoring and investigating torture (see Chapter VII). Although the handbook is aimed at documenting human rights violations in Africa, most of its guidance would be applicable in other regions. The Ukweli handbook and booklets are being revised and updated at the time of writing. 10 I. OVERVIEW Similarly, the chapter on security does not extreme situations, torture and other repeat the contents of existing handbooks forms of ill-treatment are particularly or provide detailed technical advice, but difficult violations to document because highlights angles that are most relevant of the secrecy, the denial by state to working remotely. Technology changes institutions, the impunity surrounding fast, so advice on secure communications them, the fragility and trauma suffered by quickly becomes outdated. Human victims