A/HRC/42/66
courts and tribunals, and of other comparable international accountability mechanisms.
Many international courts and other international accountability mechanisms have faced the
challenge of a lack of State cooperation in investigations of serious international crimes,
and have adopted a number of complementary strategies to compensate. Where cooperation
is not forthcoming, the Mechanism will adopt strategies proven effective in other contexts,
and will adopt its own innovations that allow it to pursue and have access to the best
evidence available. At the same time, the Mechanism would benefit greatly from the
ongoing support of the Human Rights Council in encouraging Member States, including
Myanmar and neighboring States, to cooperate fully with the Mechanism.
50.
Throughout the course of its operations, the Mechanism will work to ensure that its
interactions with victims and other witnesses do them no harm (namely, that any risk of retraumatizing victims or placing witnesses at risk of reprisal for cooperating with the
Mechanism is minimized). The Mechanism will adopt appropriate procedures and methods
of work to minimize the security risks of witnesses and interlocutors, and of their families,
which may arise as a result of their interaction with the Mechanism.
51.
Where witnesses or sources are deemed to be at risk during the course and as a result
of such cooperation with the Mechanism, the Mechanism will seek to take all feasible steps
within its means to protect their safety and security. Arrangements or agreements, as
appropriate, with national Governments willing to cooperate in this regard will be desirable.
Given that witness protection can often involve significant expense, the Mechanism will
further seek the cooperation of competent national, regional and international authorities
with well-developed witness protection programmes whenever possible.
IV. Practical steps taken for the operationalization and full
functioning of the Mechanism
52.
Following the setting out of the terms of reference of the Mechanism, the United
Nations Secretariat worked to put in place the arrangements, personnel and budget
necessary for the operationalization and full functioning of the Mechanism. This included
the establishment of an administrative start-up team to facilitate prompt recruitment and
operationalization processes once the Head of the Mechanism was appointed.
53.
In parallel, the Mechanism is also proceeding with the recruitment a variety of other
staff positions in the Mechanism. In this regard, in line with the Mechanism’s mandate, and
in order to establish the necessary infrastructure to receive information, documentation and
evidence, priority has been given to recruiting personnel with the specific expertise to assist
the Mechanism in (a) establishing a system for the receipt, treatment, safe storage and
consolidation of information, documentation and evidence, particularly within a searchable
electronic database; (b) developing protocols for the receipt, treatment and storage of
information, documentation and evidence; and (c) drafting and putting in place the
arrangements or agreements necessary for the receipt of information, documentation and
evidence from identified providers. These capabilities are necessary in order for the
Mechanism to optimally collect and preserve evidence, which it will subsequently analyse
and use to prepare case files.
54.
Since the Secretary-General’s determination in June 2019 that the seat of the
Mechanism should be located in Geneva, the Mechanism has sought to identify potential
permanent office space that is adequate for the number of staff members anticipated when
all positions have been filled and which would fit the security needs of the Mechanism.
Consultations in that regard are ongoing with both the host Government and the United
Nations Office at Geneva. Once the options available have been identified, the Mechanism
will compare the costs of each, including recurring costs such as security at the site, to
identify the most cost- and operationally efficient option. In the interim, the United Nations
Office at Geneva has provided temporary office space and identified facilities for the safe
storage of evidence received by the Mechanism until more permanent facilities become
available.
55.
With regard to short-term storage needs, the Mechanism has also ensured the
availability of a secure facility in the United Nations Office at Geneva to store physical
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