A/HRC/42/66
options for building such a system, it has also, in parallel, obtained the necessary basic
information technology hardware that would already allow the Mechanism to begin to
receive information, documentation and evidence from certain information providers.
3.
Development of policies, standards, protocals, procedures and methods
of work
36.
In the early stages of its work, the Mechanism will develop policies, standards,
protocals, procedures and methods of work to ensure it effectively, efficiently and
consistently fulfils its mandate. These would cover the entire implementation process of the
Mechanism’s mandate, from the collection, preservation, storage and analysis of
information, documentation and evidence to the conduct of investigations and taking of
witness testimonies, the preparation of case files, and the sharing of information,
documentation and evidence.
37.
In particular, it would include policies regarding the handling of physical and
electronic evidence to ensure its integrity and preservation, as well as protocols on
protecting the security and privacy of witnesses and obtaining the informed consent of
cooperating witnesses before their identities are shared with anyone outside the
Mechanism. In addition, procedures and methods of work would be designed to minimize
the security risks of witnesses and interlocutors, as well their families, which may arise as a
result of their interaction with the Mechanism.
4.
Frameworks for the transfer of information, documentation and
evidence
38.
In order to ensure that the Mechanism will be able to receive information,
documentation and evidence from all relevant information providers, including Member
States, international and regional organizations, United Nations entities and civil society
organizations, the Mechanism will also engage with such information providers in order to
establish the necessary and appropriate frameworks, including by entering into
arrangements or agreements for the transfer of relevant information, documentation and
evidence from information providers. Such frameworks will be in accordance with United
Nations rules, regulations and established procedures and practices.
39.
The frameworks would necessarily take into consideration the possibility that such
information, documentation and evidence received may become evidence in the
Mechanism’s preparation of case files to facilitate and expedite fair and independent
criminal proceedings in the future. Accordingly, the frameworks would seek to address,
inter alia, issues of confidentiality, the uses of the information, documentation and
evidence, and their possible sharing as evidence in case files with national, regional and
international courts. The frameworks would also ensure that any transfer of information,
documentation and evidence is in accordance with United Nations rules, regulations,
policies and procedures.
5.
Collection, preservation and analysis of information, documentation
and evidence
40.
Before further investigative activities are carried out, the Mechanism plans to
receive, collect and analyse information, documentation and evidence held by other entities,
and to identify which investigative activities are most likely to lead to prosecutable criminal
cases.
41.
When accepting information, documentation and evidence from other entities, the
Mechanism will be most focused on verifiable facts concerning the events in question (such
as witness statements, photographs and videos) rather than any analysis or legal conclusions
that the provider may have drawn, or sought to draw, from those facts. The Mechanism will
make its own analysis and draw its own legal conclusions with regard to potential criminal
cases on the basis of a comprehensive, independent assessment of all available information,
documentation and evidence using methodologies accepted in international criminal courts
and in most national judicial systems. The Mechanism will also attempt to verify the
information, documentation and evidence received through its own supplementary
investigation, when deemed necessary or helpful.
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