A/HRC/35/33
15.
Such organizations administer a range of online tools that have proved indispensable
for successful cross-border cooperation. For instance, the INTERPOL I-24/7 Network
connects law enforcement through a global, secure communication system and allows them
to share sensitive and urgent information 24 hours a day, every day. The Network is
connected to numerous INTERPOL databases containing millions of records on identifying
characteristics of suspects, stolen travel documents and vehicles, and more. In addition, the
World Customs Organization provides an online communication system, supporting
multiple languages, that allows secure messages to be sent in real time through its Customs
Enforcement Network Communication Platform.
16.
Regional tools also exist to facilitate information exchange. For instance, the
Hemispheric Information Exchange Network for Mutual Assistance in Criminal Matters
and Extradition provides the Organization of American States with a secure electronic
communication system.
17.
Civil society organizations have become increasingly instrumental in investigating
cross-border crimes. In addition to utilizing innovative methods of collecting public
information, they have investigated cases on the ground in different jurisdictions and have
been involved with initiatives aimed at building capacities for greater cooperation. 16
Recognizing the critical role of such organizations in evidence collection, the Office of the
Prosecutor of the International Criminal Court has decided to engage with first responders,
such as civil society organizations, journalists and health professionals, in order to enhance
their ability to collect admissible evidence. 17 During consultations, the Working Group
heard from many such organizations that had given law enforcement evidence of criminal
cases linked to business and human rights abuses.
18.
In all cases of cooperation, States must ensure that the rights of every person, both
natural and legal, are respected and protected. Suspects should never be deprived of
essential rights, such as the right against self-incrimination or the right not to be subject to
torture or cruel, inhuman or degrading treatment. 18 All fair trial rights should be respected,
notably the prohibition of double jeopardy. States should share exculpatory evidence with
the accused in other jurisdictions even when not legally obliged to do so. Furthermore,
various protections and care should be extended to victims, witnesses and whistle-blowers
to ensure no intimidation or retaliation occurs.
19.
These basic cross-border policies and practices are effectively used to cooperate for
a range of offences. The present report proceeds by highlighting how they have been used
to address international crimes and other offences with a nexus to business and human
rights.
III. International crimes
20.
Law enforcement agencies will often cooperate to address cross-border human rights
abuses through the lens of international criminal law. International crimes, such as war
crimes, crimes against humanity, genocide, torture, slavery and forced labour, are
universally condemned. States have developed strong mechanisms for pursuing individuals
implicated in international crimes across borders, including by establishing war crimes
units.19 In addition, the Office of the Prosecutor of the International Criminal Court can
help national authorities, upon request, as its official policy is to provide assistance to
States that are investigating and prosecuting crimes within the jurisdiction of the Court, and
16
17
18
19
6
See, for example, www.ictj.org/news/great-lakes-conference-marks-significant-step-regionalcooperation-fight-against-impunity-5.
See International Criminal Court, Office of the Prosecutor, “Strategic plan: 2016-2018” (2015), paras.
25, 55 and 96.
See, for example, International Covenant on Civil and Political Rights, arts. 7, 9-10 and 14-15.
Available from www.ohchr.org/EN/ProfessionalInterest/Pages/CCPR.aspx.
See Human Rights Watch, “The Long Arm of Justice: Lessons from Specialized War Crimes Units in
France, Germany and the Netherlands” (2014). Available from www.hrw.org/report/2014/09/16/longarm-justice/lessons-specialized-war-crimes-units-france-germany-and.
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