A/HRC/45/60
55.
In support of the above-mentioned activities, the Mechanism will continue its efforts
to negotiate and conclude cooperation frameworks or modalities with potential information
providers, which will set out streamlined and efficient channels and procedures for the
provision of material to the Mechanism.
56.
In addition to its collection activities, the Mechanism will similarly expand its
analysis of the material it already possesses and of new information, documentation and
evidence that it receives. The Mechanism will use its new electronic discovery system to
determine the relevance of the evidence in its possession, which will ultimately enable the
Mechanism to develop case files more efficiently and effectively.
B.
Missions for engagement and collection of information, documentation
and evidence
57.
Given that the seat of the Mechanism is located in Geneva, and that most of the
evidence, witnesses and information sources are in or near the locations where the crimes
were committed – in particular in Myanmar or in the Asia-Pacific region – the Mechanism
will need to work with host States and devise strategies in order to gain access to persons
who can provide evidence safely and effectively.
58.
As a first step, therefore, the Mechanism intends to continue conducting high-level
missions to relevant Member States in whose territories it expects to conduct its activities.
The main purpose of such missions will be to engage in a dialogue with Governments of
Member States regarding the mandate of the Mechanism and its needs as regards any
activities conducted within their territories, as well as to encourage them to support and
facilitate the conduct of such activities. These engagements will be carried out in a manner
that takes into account the sensitive and confidential nature of the Mechanism’s work.
59.
The Mechanism will also continue its efforts to engage with the Government of
Myanmar, in seeking its cooperation with respect to the implementation of the
Mechanism’s mandate, in particular, granting the Mechanism access to the territory of
Myanmar.
60.
Building upon these high-level engagement missions and with the agreement of the
host State Governments, the Mechanism also intends to conduct substantive missions to
relevant Member States in order to collect information, documentation and evidence,
including through interviews with witnesses who are located in those territories.
61.
Before conducting any such missions, the Mechanism will develop clear objectives
for the mission, which will guide the priorities of the mission, as well as the specific
activities to be undertaken on the ground. Mission plans will also be accompanied by a
security assessment, which will take into account the safety and security of witnesses,
interlocutors and Mechanism personnel. Similarly, these missions will be conducted in a
discreet manner, so as to ensure the confidentiality of the Mechanism’s activities and
collected information.
C.
Sharing of information, documentation and evidence
62.
Moving forward, the Mechanism will continue to engage with the prosecution
authority and the two Member States, from which it had previously received requests for
the sharing of information, documentation and evidence. In this regard, the Mechanism will
continuously assess how it may be of further assistance to these entities in line with its
mandate and terms of reference.
63.
As stated in the Mechanism’s previous report, it is important to reiterate that the
Mechanism is not a court. It is thus dependent upon competent authorities of national,
regional and international courts or tribunals to commence criminal proceedings in relation
to the most serious international crimes and violations of international law committed in
Myanmar since 2011, and for those authorities to make a request to the Mechanism for the
sharing of information, documentation and evidence. In order to maximize the use of the
evidence it collects and to contribute to criminal accountability processes, the Mechanism
will proactively keep itself abreast of any ongoing activities, investigations or legal
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