A/HRC/45/CRP.11
restrictions due to the pandemic also presented difficulties for the investigation. This included
the fact that several witnesses were unable to travel to secure locations for interviews and
sources could not access key documents kept in their offices. Problems of electricity
blackouts and internet failures in Venezuela also often hindered telephone interviews.
8.
The Mission was nevertheless able to gather the information necessary to establish
facts and draw conclusions in accordance with its mandate. The investigation has identified
specific incidents and patterns establishing reasonable grounds to believe violations of
international human rights law and international criminal law have been committed. The
Mission has indicated throughout the present report where further investigations may be
required.
II.
Methodology and Legal Framework
A.
Methodology and Standard of Proof
9.
The Mission collected information through the following main methods: (1)
confidential interviews, both in-person and via secure telephone or video connections; (2)
confidential documents obtained from individuals and organizations, including legal case
files; (3) a call for submissions; and (4) review of open source information. The Mission
carried out 274 interviews with victims, witnesses, family members, former State officials,
lawyers, representatives of non-Governmental organizations and international personnel.
10.
The Mission made full use of available open source information on Venezuela to
conduct its investigations. This includes social media (especially Facebook, Twitter,
Instagram and YouTube), blogs, reports, journalistic articles, op-eds, press releases, etc. The
Mission referred to open source information to identify and verify incidents and actors
involved (victims and perpetrators) and to corroborate and help contextualize information
gathered from direct sources through confidential documentation and interviews. The
Mission determined whether the information in open source documents are prima facie
reliable by reviewing and evaluating the content as well as contextual information.
11.
Consistent with other Fact-Finding Missions established by the Human Rights
Council, the Mission used “reasonable grounds to believe” as its standard of proof. The
reasonable grounds standard is met when factual information has been collected which would
satisfy an objective and ordinarily prudent observer that the incident has occurred as
described with a reasonable degree of certainty. The standard of proof is applied to both of
the determinations relevant in the identification: (a) that the violation or crime occurred, and
(b) that the individual identified was responsible. This standard of proof is lower than that
required in criminal proceedings to sustain an indictment, but is sufficiently high to indicate
that further investigations are warranted.
12.
The Mission investigated 223 cases,1 of which 48 are included as in depth case studies
in the present report. Criteria for selecting cases included substantive, security and other
considerations, such as, availability of witnesses, legal case files and digital evidence. In
order to corroborate the patterns identified in the cases investigated, the Mission reviewed an
additional 2891 cases of human rights violations in its four mandated areas, based on both
direct and secondary information.
13.
Individual cases or incidents contained in the report are based on at least one credible
source of direct information, which was independently corroborated by at least one other
credible source of information. Specific major incidents are based on multiple accounts from
eyewitnesses and victims, allowing for in-depth fact-finding and detailed event
reconstruction. Where the report describes patterns of conduct, these are based on the
common elements established by the cases investigated, corroborated by other credible
information collected.
14.
The Mission considered the following to be sources of direct information, where the
sources were reliable and credible:
1
A case refers to a particular incident, event or occurrence, which could involve one or more victims.
3
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