A/HRC/29/37
as an excuse not to engage with such evidence. Verification should be demystified within
the international human rights machinery, so that the advantages offered by digital evidence
can be more fully embraced.
98.
With respect to the dangers of ignorance concerning digital security, it is noteworthy
that many Human Rights Council mechanisms encourage individual contact through
insecure generic email addresses, with no warnings concerning security or suggestions of
alternatives. While offering such contact points is a laudable effort to broaden access to its
mechanisms, the Council is arguably failing in its duty of care by failing to adequately warn
individuals or groups of the potential risks that they may be taking.
99.
Of course, the impression should not be given that the special procedures of the
Council are closed off to information from the new data streams discussed in the present
report. Indeed, much of the NGO reporting on which special procedures’ communications
are based derives information from such sources. However, the fact that the Council is not
yet open to weighing such evidence or reporting places it at risk, over the coming years, of
isolation from the broader human rights community with which it has done so much to
engage in the past.
2.
National and international commissions of inquiry
100. Various national investigations have made use of digital evidence. The finding that
the death of Ian Tomlinson during a demonstration in London in 2009 was an unlawful
killing hinged on a witness video that was tracked down and handed over to the
Independent Police Complaints Commission by an investigative reporter. Also, the ongoing
inquiry into the shootings at Marikana, South Africa, received ostensibly probative video
evidence that the South African Human Rights Commission has had synchronized by a
technological expert.56
101. At the international level, OHCHR has partnered with the Operational Satellite
Applications Programme of the United Nations, and with various external partners on an ad
hoc basis, to use both satellite and video evidence in the work of international commissions
of inquiry.57 As discussed above, when combined with other techniques of human rights
monitoring, satellite imagery can provide extremely valuable information for inclusion in
reporting to the Human Rights Council.
102. The Commission of Inquiry on Human Rights in the Democratic People’s Republic
of Korea made use of both satellite imagery and clandestinely recorded videos and
photographs in order to demonstrate the existence of several political prison camps (see
A/HRC/25/63). The Commission relied on the videos and photographs to the extent that
they could confirm their authenticity, and, with respect to satellite imagery, on
commercially available footage. The Commission noted that higher resolution satellite
imagery produced by more technologically advanced States would, almost certainly, have
provided further information. Unfortunately, despite requests, those images were not made
available to the Commission (see A/HRC/25/CRP.1, para. 60–61).
103. The Independent International Commission of Inquiry on the Syrian Arab Republic
has also made use of a certain amount of satellite and digital material, as one might expect
56
57
See the “Written submissions of the South African Human Rights Commission regarding ʻPhase
One’” in the Marikana Commission of Inquiry (29 October 2014), www.sahrc.org.za/home/21/
files/SAHRC%20PHASE%20ONE%20FINAL%20WRITTEN%20SUBMISSIONS.pdf.
See http://www.unitar.org/unosat/.
19
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