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To document a suspected human rights violation safely, first assess the risk to everyone who could be identified or endangered, then gather only what you can collect without increasing that risk. Record what you directly observed separately from what others reported or what you infer; preserve relevant originals and context; and keep a record of how material was handled. Documentation can support later assessment, but it does not by itself verify an allegation, guarantee confidentiality, or make evidence admissible in court.
This is general information, not incident-specific legal, medical, or security advice. Local law, threats, and evidence requirements vary. If someone is in immediate danger, prioritize safety and seek trusted local specialist help if it is safe to do so.
Before you document, decide whether it is safe and useful
Documentation can help preserve information for accountability processes, but collecting or sharing it can also expose witnesses, documenters, and people shown or named. Before taking a photograph, recording an interview, saving a post, or forwarding a file, consider the likely benefit alongside the risks.
Assess the threat and purpose
- Identify who could be put at risk: the person documenting, the source, witnesses, people visible in the material, and anyone named or otherwise identifiable.
- Consider whether collecting, storing, or transmitting the material could reveal a person’s identity or location, or bring unwanted attention to them.
- Be clear about the intended use. Material gathered for personal records, a journalist’s investigation, or a formal accountability process may face different handling and legal requirements.
- If the danger is significant or unclear, do not enter a dangerous site, confront an alleged perpetrator, or gather material just because it may be useful later. Pause and seek trusted local specialist advice if that can be done safely.
The Berkeley Protocol on Digital Open Source Investigations treats safety as part of investigation planning and includes a digital threat and risk assessment template. Its guidance addresses risks to investigators and to people who provide information.
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Consider consent and exposure
Where it is safe and appropriate to do so, explain what you plan to collect and how it might be used, and seek informed consent. Consent does not remove the need to assess risk: people may not be able to anticipate the consequences of wider circulation. Do not publish or forward identifying details simply because they appear in material you have received.
How should you record what happened?
Use a consistent method and distinguish the source and status of each detail. A careful record makes it easier for another person to assess what is known without presenting an allegation as an established finding.
Separate observation, report, and inference
- Direct observation: what you personally saw, heard, or recorded. State the limits of your vantage point or memory where they matter.
- Reported information: what another person told you. Record that it was reported, and note the source only when doing so is safe and appropriate.
- Inference or assessment: a conclusion drawn from available information. Label it as an inference, explain what it rests on, and do not present it as direct observation.
For each item, preserve relevant context, including when and where it was encountered, who provided it if known and safe to record, and how it relates to the event being documented. If a detail is unknown, mark it as unknown rather than filling it in from assumption.
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Keep a handling record
Record how information was found, received, copied, stored, or shared, and who handled it. Note any changes made to a working copy and keep the unaltered material separate where feasible. The amount of detail and the required chain of custody depend on the evidence and the process for which it may be used; a consumer file-management routine cannot guarantee admissibility.
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How can you verify digital information?
Online photos, videos, posts, and other files can be false, misleading, taken out of context, or manipulated. A screenshot alone does not establish that content is authentic or that it depicts the event, time, or place claimed.
Check the claim in context
- Source: identify where the item appeared or who supplied it, and distinguish an original source from a repost or copy.
- Time: note the time information available and whether it is a claim, a platform display, or something independently established. Do not assume a posting time proves when an event occurred.
- Location: record what supports a location claim and what remains uncertain. Do not expose a sensitive location unnecessarily.
- Context: consider whether surrounding material changes the meaning of a clip, image, or statement.
- Corroboration: compare with other relevant information where it is safe and appropriate. Agreement between copies of the same original is not necessarily independent corroboration.
Keep your conclusion proportionate to what you could check. If authenticity, timing, location, or context cannot be established, say so plainly rather than treating the material as verified.
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How do you preserve digital evidence?
Preserve relevant material in a way that avoids unnecessary changes and retains the context needed for later assessment. The exact technical method depends on the type of material and the intended process; there is no single consumer workflow that guarantees authenticity or legal acceptance.
- Record how you encountered it. Note the source, date and time as available, relevant context, and any uncertainty about origin or timing. Do not assume a screenshot captures all of the surrounding context.
- Retain the original where feasible. Avoid editing or annotating the original file or item. If you need to make notes, crop, redact, or otherwise prepare material for safe review, keep that work separate and record what was changed.
- Document each transfer or handling step. Note who received, copied, stored, or shared the material and when, if it is safe to keep those details. Record any known changes or gaps in the handling history.
- Limit access and circulation. Consider whether another copy or recipient increases risk to the source or people depicted. Do not download or redistribute sensitive material casually.
- Keep context with the item. Preserve relevant information about where it came from and what was known when it was collected, while avoiding the needless collection or exposure of personal details.
For open-source digital investigations, the Berkeley Protocol on Digital Open Source Investigations, published jointly by OHCHR and the Human Rights Center at UC Berkeley in 2020, sets out methods for gathering, analysing, preserving, and verifying digital information. It is intended for investigations into alleged violations of international criminal, human-rights, and humanitarian law, and notes that its methods can also apply in national or municipal investigations.
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Safety includes digital, physical, and psychosocial risks. A record that identifies a witness, reveals a location, or exposes a source through its circulation can cause harm even if the material is accurate.
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- Review names, faces, voices, identifying details, and location clues before sharing or publishing. Redaction can reduce exposure, but it does not automatically remove every identifying clue.
- Do not promise confidentiality, safety, or legal protection. Be honest about who may see the material and what you cannot control.
- Share only what is necessary with people who have a clear role, and consider the risks of each additional copy or recipient.
- Do not treat sensitive or intimate images as routine documentation. Avoid collecting or circulating them without appropriate consent, expertise, and a clear, safe purpose.
- Account for the strain of repeated exposure to distressing material. UC Berkeley’s Human Rights Center identifies resilience to secondary trauma as an essential part of investigation work.
What if the allegation involves torture or ill-treatment?
Torture and other cruel, inhuman, or degrading treatment require particular care. A photograph or lay checklist cannot establish a clinical diagnosis or legal conclusion. Do not conduct invasive interviews, examine injuries, or collect sensitive material without appropriate training, consent, and safeguards.
The 2022 revised Istanbul Protocol is the specialized UN manual for effective investigation and documentation of torture and other cruel, inhuman, or degrading treatment or punishment. It addresses documentary evidence, photography, digital authenticity, and evidence collection and handling. For this work, seek qualified medical and legal practitioners and follow established procedures suited to the person’s safety and circumstances.
Which protocol should you use?
The Berkeley Protocol and Istanbul Protocol address different needs; they are not competing products. Use the specialized reference that fits the material and work, and seek expert support where the subject requires it.
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| Reference | Best fit | Scope and expertise |
|---|---|---|
| Berkeley Protocol on Digital Open Source Investigations (OHCHR and UC Berkeley Human Rights Center, 2020) | Gathering and assessing digital open-source information about alleged violations | Cross-cutting methods for collection, analysis, preservation, verification, and investigator and source safety. It is intended for investigative work and can apply to international as well as national or municipal investigations. |
| Istanbul Protocol, revised edition (OHCHR, 2022) | Documentation and investigation of torture or other cruel, inhuman, or degrading treatment or punishment | Specialized guidance that includes medical and legal dimensions; qualified practitioners may be needed. |
OHCHR’s 2023 Publications and E-products Catalogue lists print and electronic formats for the Berkeley Protocol. A physical copy is optional; buying a publication or equipment is not a prerequisite for safe documentation.
Where should you report the material?
The appropriate authority, safe communication channel, legal rules, and evidentiary threshold depend on location, incident details, and your role. There is no universally safe reporting destination. Consider consulting a trusted local human-rights organization, qualified legal practitioner, or specialist investigator before sharing sensitive material, if doing so is safe. Do not assume that a reporting channel will keep information confidential or protect the people identified.
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