A/HRC/41/CRP.1 strengthening the protection of human rights defenders and journalists and better addressing the impunity that so often characterizes acts of violence against those who are targeted because of their work on behalf of human rights, journalism, political expression and so on. 463. Given that investigation and prosecution take place within States, the failings of justice systems must be addressed by States. 363 However, the Special Rapporteur believes that the UN System also has a role to play, and importantly, a role beyond that of capacitybuilding. She is calling for strengthening of the UN’s role in the fight against impunity and in this regard, is recommending, as follows, three concrete steps that could work side by side. i. Gather best practices to enhance standard-setting for investigation of threats 464. The Special Rapporteur notes that assessment of threats stands at the heart of an effective protection and prevention response. Attacks against human rights defenders and journalists are very often preceded by threats that were not effectively investigated or properly assessed by security forces, intelligence agencies, or indeed by the victims’ employers, colleagues and friends or the victims themselves. 465. Building on the increasing awareness of the “duty to warn” and on civil society initiatives,364 the Special Rapporteur is recommending a comprehensive international review of best practices in the investigation, assessment and/or response to threats and risks and of the underlying national and international legal framework, including laws and jurisprudence. Such a review would be aimed at: a) Setting standards to guide national and local authorities, along with civil society, journalists and defenders, in their response to threats and risks, b) Strengthening the institutional capacity of the State to protect and investigate, and to empower those who are under threat and risks. The Special Rapporteur is prepared to take the lead in coordinating such a standard-setting exercises with other relevant Special Rapporteurs and the OHCHR. ii. Establish a task-force on safety, prevention and protection 466. A second step would be to establish a Task-Force, located with the OHCHR Special Procedures, and composed of Special Rapporteurs whose mandates are relevant to the issues or countries under consideration and other experts. On a preliminary basis, in response to situations of violence or killings of journalists, human rights defenders or dissidents where such cases meet certain criteria, such as those related to the prevalence or likelihood of impunity, the Task Force could undertake rapid response missions, and engage with the authorities, the Media and civil society: a) to advocate for, and support, effective investigations or monitor their progresses; b) to review or seek to strengthen prevention and protection measures; c) to undertake fact-finding into specific situations or allegations; d) to identify and call on international or regional actors to support protective measures. 467. Operational funding for the Task-Force could originate from the Friends of Journalists Safety and other Member States who have prioritized the protection of journalists and human rights defenders. iii. Establish a standing Instrument for the investigations of violent crimes against journalists, human rights defenders and other activists and dissidents targeted for the peaceful expression of their opinions 468. The lack of accountability – legal and political – for targeted killings of journalists, human rights defenders and political activists is well evidenced. Ineffective investigation leads to weak prosecution before courts whose procedures, at times, are below standard, leading to impunity for those responsible from the hit men to the masterminds to the officials who failed in their obligation of due diligence. The implications of this impunity for societies 363 364 A/HRC/20/22 This includes CEJIL’s “Esperanza” Protocol, which seeks to place the obligation to investigate threats within broader public policy efforts The Protocol is named after the town where Honduran environmental activist Berta Caceres was murdered. https://www.cejil.org/en/hope-defendersaddressing-investigation-threats-international-level-promote-local-change 93

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