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‘Victims deserve attention and action’: Michael Kirby promotes gathering witness testimony remotely amid Afghanistan crisis
A detailed guide on collecting witness testimony for human rights investigations even in restricted areas comes as “vivid images on television screens in our homes” show the chaos and renewed violence in Afghanistan that serve as a reminder of how vital it is to bring human rights abusers to justice, the Honourable Michael Kirby said.
Naomi Neilson
To assist international human rights fact-finding from remote areas or with witnesses outside the country under investigation, the Public Interest Advocacy Centre’s (PIAC) Truth and Accountability Program has delivered a first-of-its-kind guide developed with the assistance of global experts and supported by extensive research.
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Currently, human rights fact-finding missions are increasingly denied access to the country under investigation for political, security and health reasons, which makes access to witnesses extremely limited. The PIAC says it hopes the Restricted access interviews guide will support the operation of investigations in these countries.
Commenting on the PIAC program, former chair of the UN Commission of Inquiry into North Korea and former High Court justice, the Honourable Michael Kirby, said the guide to interviewing witnesses in remote locations deals with “the most urgent topics”, particularly as more information comes out of Afghanistan.
“The recent vivid images on television screens in our homes in Australia of the chaos and renewed violence and danger in Afghanistan shows us once again how vital it is to bring those who oppress universal human rights ultimately to justice. Means must be found to gather the testimony that can bring the wrongdoers to justice,” Justice Kirby said.
“It will not happen in every case. It will only happen in a minority of cases. But it will happen. And we must never give up our demand and expectation for accountability. This guide shows that this is possible.”
The guide draws on PIAC’s experience conducting interviews on the Sri Lankan Civil War as well as the experience of over 30 investigators, researchers and lawyers working for UN inquiries, non-government organisations and international tribunals.
Most international investigations into the gravest conflicts, crisis and violations of the 21st century have not been given full, if any, access to the country. Each investigation requires a strategy and interview methods that are tailored to the circumstances, which the PIAC guide consolidated and provides in detail.
Commission of the UN commission of inquiry into OPT/Israel and former member of the fact-finding mission of Myanmar, Chris Sidoti, said international human rights investigations have become among the most effective means of finding facts, allocating responsibility and ensuring accountability for atrocities.
“That’s why perpetrators keep investigators at a distance wherever possible. That’s what has happened to the teams I work with in leading UN investigations. PIAC has responded usefully and practically to investigators’ need for guidance in conducting investigations remotely. There is no guide like this,” Mr Sidoti said.
Justice Kirby added that his work with the commission of inquiry of the UN Human Rights Council, which he chaired in 2013-14, was an “illustration of what can be done to gather” vital evidence that could be used to achieve justice.
“The gathering of evidence will impose pressure on nation states and the United Nations to achieve accountability. Those who commit crimes against international human rights law must be rendered answerable,” Justice Kirby said.
“This guide is an illustration of how, in practical terms, this can be done. The guide deserves a large audience. The authors deserve praise. The victims deserve attention and action.”
