A/HRC/35/33
domestic offence — for example, forced labour can also constitute false imprisonment,
and crimes against humanity can involve offences such as murder and assault.
However, in all cases, any charges should reflect the gravity of the offence; thus,
prosecutors should consider any human rights impacts of the crime when deciding the
charges to be brought against an economic actor.
91.
States are thus urged to collaboratively investigate and prosecute all cases
where economic actors engage in conduct adversely impacting internationally
recognized human rights to the extent that such harms arise from prohibited conduct
within a national jurisdiction.
92.
To investigate and prosecute these charges properly, States should apply the
tools and methods discussed above, either directly or by analogy, to facilitate
cooperation. Such means, as discussed in the guidance from the Accountability and
Remedy Project and elaborated upon in the present report, have proved to generate
effective results in cross-border cases. The recommendations below briefly recount
those practices.
B.
Recommendations
93.
States should adopt a legal framework that prohibits conduct causing or
contributing to human rights violations and imposes liability on legal entities.
Moreover, States are encouraged to ratify bilateral and multilateral agreements that
provide a basis for cross-border cooperation and to ensure that their domestic law
allows for cooperation to take place.
94.
Specialized investigative and prosecutorial units should be created that have
expertise in cross-border human rights cases and business associations. If war crimes
or other types of units already exist, those units should be encouraged to address
business-related human rights cases alongside those involving individual wrongdoers.
95.
A central authority should be established to channel all requests for crossborder assistance made under different treaty regimes and other legal bases. This
authority should be accessible at all times, provide contact information for domestic
and foreign authorities and be staffed by mutual legal assistance specialists who are
knowledgeable about procedural requirements and can work in several languages. A
system should be in place that tracks the status of requests, prioritizes urgent appeals,
and ensures that deadlines are met.
96.
States should encourage authorities to cooperate and provide training on
sending and receiving requests for assistance. Requests for mutual legal assistance
should include relevant contact information, details on evidence admissibility
requirements, and any confidentiality and timeline requirements. Before rejecting any
requests, consultations should be had with the requesting State to try to overcome any
issues.
97.
Informal cooperation should be used to obtain publicly available information
or other evidence that does not require coercive means by investigators. Such officerto-officer communication can help target subsequent requests for mutual legal
assistance or accelerate responses to urgent formal requests.
98.
If possible, States should consider conducting investigations in foreign
jurisdictions if consent can be obtained. Law enforcement agencies are particularly
encouraged to establish joint investigation teams using agreements covering all
aspects of investigation, including division of labour and budgetary matters. Parallel
investigations and joint centres of investigation should also be coordinated to
minimize duplication of work and maximize efficiency.
99.
States are encouraged to join, support and work with regional and
international networks that promote cooperation and coordinate cross-border actions.
These networks can operate well when they are informal, in that they serve to build
relationships without requiring the creation of a new institution.
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