A/HRC/42/50
III. Handover to the Independent Investigative Mechanism for
Myanmar
14.
In fulfilling its mandate to hand over its materials to the Independent Investigative
Mechanism for Myanmar, the mission was guided by the Mechanism’s terms of reference
(see A/73/716, annex), United Nations policies and practices, and international standards
regarding criminal evidence, as well as best practices and lessons learned from similar
entities. The mission’s approach was to ensure that, to the fullest extent possible, its materials
were shared with the Mechanism and that the organization and presentation of the material
was accessible and useful, particularly for potential future criminal prosecution.
15.
To this end, the mission developed and implemented guidelines and modalities to
store evidence so as to maximize its use in future court proceedings. The mission also
considered preservation and transfer of the institutional knowledge accumulated through the
experience of its investigators, analysts, interpreters and intermediaries to advance future
investigations conducted by the Mechanism.
16.
In order to ensure that its material can be effectively used by the Mechanism, the
mission conducted an extensive review of its database for quality control and completeness
in order to, inter alia, include and verify linkage evidence against alleged perpetrators.
17.
It is important to note that, to maintain its commitment to the security and privacy of
those providing information, the mission will ensure that the Mechanism is aware of the
conditions of confidentiality that information providers placed on the information they shared
with the mission.
IV. Consolidation of findings
18.
The mission has consolidated its findings in relation to individuals suspected of being
involved in crimes under international law, including genocide, crimes against humanity and
war crimes. It affirms, and elaborates on, its conclusion that Myanmar incurs State
responsibility under the prohibition against genocide and crimes against humanity, as well as
for other violations of international human rights law and international humanitarian law.
19.
A.
The mission applied the “reasonable grounds to conclude” standard of proof.
Confidential list of suspected perpetrators
20.
The mission has compiled a confidential list of persons suspected of involvement in
crimes under international law, including genocide, crimes against humanity and war crimes,
since 2011 in Rakhine, Kachin and Shan States. The list goes far beyond the mission’s initial
list of six high-ranking Tatmadaw generals published in 2018. It includes more than 100
names, including those of members and commanders of the Tatmadaw, the police, the border
police and other security forces, including prison officials, as well as civilian authorities,
including district-, state- and Union-level representatives, private individuals and members
of non-State armed groups. The list is based on the information available to the mission at
the time of reporting, and is therefore not an exhaustive list of suspected perpetrators.
21.
The list also includes numerous entities with which alleged perpetrators were
affiliated, including specific security force units, non-State armed groups and businesses. The
mission has provided the list to the Mechanism, together with its linkage materials. A copy
of the list will be held in the custody of the United Nations High Commissioner for Human
Rights and can be shared, with the appropriate approvals and under the conditions set out by
the mission and in coordination with the Mechanism, with competent and credible bodies
pursuing accountability in line with recognized international norms and standards. The High
Commissioner can also use the list, with the appropriate approvals and under the conditions
set out by the mission, to manage the human rights due diligence policy on United Nations
support to non-United Nations security forces, the Policy on Human Rights Screening of
United Nations Personnel and other similar policies.
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