A/HRC/41/36
standards to guide national and local authorities, as well as civil society, and journalists and
human rights defenders, in their response to threats; and (b) strengthening the institutional
capacity of States to protect and investigate, and to empower those who are under threat.
The Special Rapporteur will be prepared to take the lead in coordinating such a standardsetting exercise with States, other relevant Special Rapporteurs, the Office of the United
Nations High Commissioner for Human Rights (OHCHR) and civil society, such as the
Centre for Justice and International Law, which is spearheading the development of the
“Esperanza” protocol that is seeking to place the obligation to investigate threats within
broader public policy efforts. 55
76.
The second mechanism will be the establishment of a prevention and accountability
task force within the special procedures. In response to situations of violence towards 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 to: (a) advocate for, and support, effective investigations or monitor their
progress; (b) review or seek to strengthen prevention and protection measures; (c)
undertake fact-finding on specific situations or allegations; and (d) identify and call on
international or regional actors to support protective measures.
77.
Thirdly, the United Nations should equip itself with the means to effectively
investigate targeted killings and disappearances. The Special Rapporteur recommends the
establishment of a standing instrument with the following interrelated functions:
(a)
Investigate, in accordance with criminal law standards (international or
national), allegations of targeted killing or disappearance by collecting and analysing
evidence of such violations;
(b)
Facilitate strengthened judicial accountability, including by identifying
possible avenues for the administration of justice for those purposes at the national,
regional and international levels;
(c)
Prepare files to facilitate and expedite fair and independent criminal
proceedings, in accordance with standards of international, regional or national law, in
courts or tribunals that have or may in the future have jurisdiction over the crimes being
investigated;
(d)
Identify other mechanisms for delivering justice and ending impunity,
including at the political and diplomatic levels.
78.
Such an instrument could be established through a resolution of the General
Assembly or of the Human Rights Council. It could be activated by a Member State writing
to the Secretary-General or to the President of the Human Rights Council.
79.
The standing instrument should be composed of independent international experts in
investigations and prosecutions, as well as special procedure mandate holders and members
of treaty bodies. It should be supported by a secretariat that could already be in use for
other purposes, such as that of the International, Impartial and Independent Mechanism to
Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious
Crimes under International Law Committed in the Syrian Arab Republic since March 2011,
or the Secretary-General’s Mechanism for Investigation of Alleged Use of Chemical and
Biological Weapons. The secretariat should have operational and administrative autonomy
and flexibility to allow for the realization of the mandate of that instrument to be fully
implemented.
55
16
See www.cejil.org/en/hope-defenders-addressing-investigation-threats-international-level-promotelocal-change.
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