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Put safety and the detained person’s wishes ahead of collecting evidence. If documenting an incident could expose the person, witnesses or relatives to retaliation, do not record, photograph, copy files or contact authorities merely to create a record. When it is safe and authorized, make a factual, contemporaneous account of what you personally saw, preserve existing records without altering them, protect access to sensitive information, and seek qualified local legal or human-rights advice.
A detention may be unlawful, but a notebook, photograph or social-media post cannot establish that by itself. The law governing arrest, custody, recording, privacy, reporting and remedies depends on the country and the circumstances. The 2022 revised Istanbul Protocol from the Office of the United Nations High Commissioner for Human Rights (OHCHR) is an authoritative professional manual for investigating and documenting torture and other cruel, inhuman or degrading treatment. It is not a ruling on any individual detention and is not a do-it-yourself forensic procedure.
Decide whether documenting is safe enough
The first decision is not what to write. It is whether writing anything, saving it, or telling anyone could make the situation more dangerous. A useful record is never worth provoking a search, retaliation, forced disclosure or further detention.
Stop and reassess when risk is high
- Do not confront officers, guards or other officials to obtain details.
- Do not follow a vehicle, enter a restricted area or interfere with an arrest or transfer.
- Do not announce that you are collecting evidence.
- Do not ask the detained person to send information if communication could be monitored.
- Do not use a camera, phone, cloud account or messaging service if its discovery could identify the person or a witness.
- Do not copy names, faces, locations or medical information that you cannot secure.
Consider immediate threats, surveillance, the presence of weapons, the person’s health, the possibility of reprisals against family members, and whether your own device or account could be searched. If the person is in immediate medical danger, contact an appropriate emergency or medical service only when doing so will not create greater danger and is lawful in that jurisdiction.
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Ask what the detained person wants
When communication is safe, ask whether the person wants information recorded, photographs taken, a lawyer or doctor contacted, or a report made. Consent should be voluntary, informed and specific to the proposed action. A person may agree to a private note but refuse a photograph, publication or contact with an organization. Respect a refusal and revisit consent only if circumstances change without pressure.
Get jurisdiction-specific advice
A qualified local lawyer or a trusted human-rights organization can explain arrest and custody rules, recording restrictions, complaint routes, protection measures and possible remedies. Advice from another country may be wrong for the place where the detention occurred. If contacting an adviser itself could expose anyone, ask first about a safe channel and what information is necessary.
Make a contemporaneous factual record
Write as soon as it is safe, using your own words. A contemporaneous record is not automatically proof, but it reduces the risk that later stress or discussion will change your recollection.
- Start with basic identifiers. Record the date, local time and time zone, the location as precisely as safety permits, and how you know the information. If the exact time is unknown, write an approximate time and say that it is approximate.
- Separate observation from interpretation. Describe actions, words, clothing, vehicles, physical conditions and sequences that you personally observed. Do not label conduct as “illegal,” “torture” or “kidnapping” unless a qualified authority has made that determination.
- Identify people cautiously. Record names only when you know them and can keep them safe. Otherwise describe a person by role or observable features. Do not guess an officer’s identity, rank or affiliation.
- Write the sequence. Note what happened first, next and last, including departures, transfers, requests for counsel or medical care, and any change in the person’s condition.
- Record exact words selectively. Put words you remember verbatim in quotation marks and identify who said them. If you are unsure of the wording, say “words to this effect” rather than presenting a reconstruction as an exact quote.
- Mark uncertainty. Use labels such as “I saw,” “I heard,” “I was told,” “I do not know,” and “this is an estimate.” Record the source and date of a second-hand account.
- Note conditions that affect reliability. State whether it was dark, crowded, noisy, obstructed, stressful or otherwise difficult to observe. Explain how far away you were and whether you recognized the people involved.
- Close each entry. Add when and where you wrote it, whether anyone else was present, and whether you corrected anything. Keep the original entry; add a dated clarification rather than erasing text.
Use a consistent fact pattern
| Field | What to include | How to qualify it |
|---|---|---|
| Time | Start, end, transfer and release times | Give the time zone; mark estimates and explain the basis. |
| Place | Street, building, checkpoint, vehicle route or facility | Use the safest level of precision; do not reveal a refuge or witness location unnecessarily. |
| People | Detained person, officials, witnesses and others present | Use known names only; distinguish recognition from assumption. |
| Actions | Arrest, search, restraint, questioning, transfer, denial of care or release | Describe what you saw or heard without legal conclusions. |
| Sources | Your observation, a named speaker, a message, a document or another record | Label firsthand and second-hand information separately. |
| Documents | Notices, custody papers, medical certificates, complaints or messages | Record where the item came from and preserve the original if safe. |
Keep firsthand and second-hand information separate
A reliable file lets a reader see the difference between direct observation and a report passed through another person. Start separate paragraphs or sections for each source. For example:
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- Firsthand: “At approximately 18:20, I saw two uniformed people place the person in a blue vehicle outside the west entrance.”
- Second-hand: “At 21:00, the person’s sister told me by telephone that the person had been moved. I did not see the move and cannot verify the location.”
- Unknown: “I do not know who operated the vehicle or where it went.”
Do not combine several accounts into one polished narrative. Keep each witness’s account identifiable, preserve disagreements, and ask open questions rather than suggesting an answer. Do not pressure a frightened or injured person to repeat a story for consistency.
Preserve existing messages and documents without changing them
Potentially relevant material can include official and non-official records. The Istanbul Protocol identifies examples such as custody records, transfer logs, medical certificates, complaints, health records and civil-society reports. Their availability and legal significance vary by jurisdiction; a witness is not automatically entitled to obtain any particular record.
Preservation steps
- Keep the original message, file, photograph or document in the form in which you received it.
- Record when and from whom you received it, how it arrived, and any surrounding conversation.
- Make a working copy for translation, redaction or analysis, and label it as a copy. Do not edit the original to improve clarity.
- Preserve relevant context, including preceding and following messages, file names and visible dates, when doing so does not expose anyone.
- Restrict access to the smallest safe group. Use device security and separate, protected storage when appropriate, but do not move material to a service that could increase surveillance or seizure risk.
- Keep a simple access log if several trusted people handle the material: date, person, purpose and action.
Do not forward sensitive material to multiple accounts “for backup” without assessing who controls those accounts and what metadata or notifications they create. Never fabricate, backdate or selectively delete a record. If an original was accidentally altered, preserve the altered copy, explain what happened and do not present it as the original.
Photographs, video and audio require extra caution
Recording can expose a person more than it protects them. Before using a camera or recorder, consider whether the act of recording is legal, whether officials may seize the device, whether faces, voices, plates or locations identify people, and whether the file will automatically upload or reveal location data.
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Photographs of injuries
The Istanbul Protocol says photographs of injuries should be taken with the person’s consent, promptly, and with a way to show scale when possible. Consent does not cancel safety risks. Do not take or share a photograph merely to create a record if it could expose or endanger the person.
- Ask for consent before each proposed image and explain who may see it, where it may be stored and whether it might be shared with a lawyer, doctor or investigator.
- Do not photograph intimate areas unless a qualified professional determines that it is necessary, the person gives informed consent, and a safe process is in place. Intimate images require heightened protection.
- Do not stage an injury, apply substances, remove dressings or conduct an examination. A lay observer should not diagnose, measure internal injuries or infer the cause from appearance.
- Record the date and approximate time, the person’s consent, the photographer and the circumstances in a separate note, without embedding identifying details in a public caption.
- Store the original securely and avoid filters, cropping or enhancement. If a working copy is made, label it as such.
Scenes, officials and bystanders
Wide images can identify a safe house, witness or route. Close images can expose faces and create legal risk. Do not obstruct officials or enter restricted property to obtain a better angle. If a recording already exists, preserve the original and its context rather than asking people to recreate the event.
Understand what digital evidence can and cannot show
A timestamp, screenshot, metadata field or online post may be useful context, but none proves authenticity on its own. The Istanbul Protocol states: “The authenticity of the digital evidence is a critical consideration for its use as evidence.” Recognized digital-forensics techniques and trained investigators may be needed to assess whether a file was altered, when it was created, who controlled it and whether its chain of custody is reliable.
Safer handling of digital files
- Preserve the original file and note the device, account or person from which it came.
- Save surrounding messages or page context when safe, not only an isolated screenshot.
- Record the time shown by the device and your own time zone; do not assume either is accurate.
- Do not strip metadata, convert formats or edit content in the original.
- Keep a copy for ordinary viewing and clearly distinguish it from the preserved original.
- Tell a lawyer or trained investigator what you did with the file. Do not claim forensic authentication that has not been performed.
Medical and custody records need qualified handling
Medical assessment and forensic documentation of injuries should be performed by qualified health professionals. A witness can record that a person requested care, was denied care, received treatment, or showed an observable change in condition, but should not diagnose an injury or draw a forensic conclusion.
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If the person can safely reach a clinician, ask what documentation the clinician can provide and how it will be protected. Do not pressure a clinician to alter a record or disclose confidential information. Keep copies of certificates, prescriptions, discharge papers and complaints only when the person consents and the storage is safe.
Custody and transfer records may help establish where and when a person was held. Access rules differ widely. Ask local counsel or an appropriate organization about lawful requests rather than taking documents without authorization.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Share information only through a safe, deliberate channel
Before sharing, define the purpose: obtaining legal advice, requesting medical help, locating a person, making a complaint or preserving information for a qualified investigator. Share the minimum necessary material. A complete file sent to a large group can expose more people than a carefully redacted summary sent to one trusted adviser.
Check the recipient and the channel
- Confirm the identity and role of the recipient through a channel you already trust.
- Ask how the organization stores, protects and discloses sensitive information.
- Explain any urgent risk, consent limits and people who must not be identified.
- Redact names, faces, contact details and locations when they are not necessary, while retaining an unredacted original securely if lawful and safe.
- Do not post publicly to force attention unless the person has given informed consent and qualified advice indicates that publication will not increase danger.
When making a complaint or report, distinguish what you witnessed from what others told you, attach only relevant records, and keep a copy of what you submitted. Ask for a receipt or reference number if obtaining one is safe. A report is an allegation for review, not proof that the detention was unlawful.
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Common mistakes and safer corrections
| Mistake | Why it causes trouble | Safer correction |
|---|---|---|
| Confronting officials for answers | It can escalate the encounter or expose the detained person and witnesses. | Leave the scene if necessary and record only what you safely observed. |
| Calling a detention “illegal” in the notes | It turns an observation into an unsupported legal conclusion. | Describe the authority’s actions and seek local legal analysis. |
| Mixing rumors with observations | Readers cannot assess reliability or trace the source. | Label each account by source, date and degree of certainty. |
| Editing originals | Changes can destroy context and undermine later authentication. | Preserve the original and work from a clearly labeled copy. |
| Publishing a face or injury photo | It may identify or endanger a person and cannot be withdrawn fully once shared. | Obtain specific consent, consult qualified advice and keep access limited. |
| Assuming metadata proves a file | Metadata and timestamps can be wrong or altered. | Preserve context and leave authentication to trained investigators. |
| Trying to examine an injury | It can cause pain, contaminate evidence or create a false diagnosis. | Seek qualified medical assessment and record only observable facts. |
A practical private record template
Use the following headings in a secure note. Leave a field blank or write “unknown” rather than guessing.
Date and local time written:
Author and safe contact method:
Incident date, time and time zone:
Location (only as precise as safe):
What I personally observed:
Exact words remembered:
What another person reported (name or safe identifier, date and method):
People present and how I know their identities:
Documents, messages or files received:
Actions taken and by whom:
Uncertainties, conflicting accounts or estimates:
Consent given, refused or not safely obtainable:
Storage location and people with access:
Later corrections, each dated and explained:This template is a memory aid, not a legal form or forensic protocol. Adapt it to the person’s safety, local law and advice from a qualified professional.
What the Istanbul Protocol contributes—and what it does not
The revised 2022 manual provides professional guidance for effective investigation and documentation of torture and other cruel, inhuman or degrading treatment or punishment. It discusses documentary evidence, consent and care in photographing injuries, digital-evidence authenticity, and the roles of health professionals. The revision also adds chapters on health professionals’ roles in contexts where documentation may be necessary and on conditions for effective implementation by States.
Those standards can help a reader understand why consent, timely documentation, secure records and professional assessment matter. They do not determine whether a particular detention was lawful, authorize a private person to obtain restricted records, or replace a local lawyer, doctor or trained investigator. Apply the manual’s principles cautiously and never represent a personal note or image as an official finding.
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When to stop collecting and get help
- The person or a witness says documentation is increasing danger.
- Authorities demand the device, file or identity of a source.
- You cannot secure the material from unauthorized access.
- The person needs urgent medical care or a qualified examination.
- You are being asked to publish, confront, trespass, hack an account or obtain records unlawfully.
- Accounts conflict in ways you cannot responsibly resolve.
At that point, preserve what can be preserved safely, note the reason for stopping, and seek qualified local legal, medical or human-rights assistance through a secure channel. The safest record is the one that does not create another victim.
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