A/HRC/42/CRP.5 genocide took place on its territory and its failure to put in place investigative mechanisms that are independent, impartial, prompt, thorough, effective, credible and transparent. 514 The Government’s failure to reform legislation that promotes impunity, 515 its destruction of evidence516 and its punishing of those who try to expose the crimes that occurred during the Government’s 2017 “clearance operations”,517 all of which the Mission has documented in its other reports, provide additional indications of State responsibility for a failure to investigate. 227. The Mission’s 444-page report, publicly released in September 2018, provided sufficient information at that time to trigger Myanmar’s obligation to conduct an effective criminal investigation into genocide.518 The report provided extensive details of the methodology the Mission used to make its findings.519 The report also explained that the Mission used a “reasonable grounds” standard, consistent with the practice of United Nations fact-finding bodies.520 Numerous reports from other UN mechanisms, civil society, and investigative journalists similarly exposed information that constituted evidence of underlying acts of genocide. Despite this, the State has not undertaken an effective investigation into genocide.521 228. The Government of Myanmar clearly had knowledge of the Mission’s findings. The Mission’s report was provided officially, in advance of its release, to the Myanmar Government through its Permanent Mission in Geneva. Myanmar attended the “interactive dialogue” at the Human Rights Council in September 2018 where the Mission presented its report and States discussed the report’s findings. Myanmar’s representative made a formal response to the report in the Human Rights Council. 522 Myanmar’s ambassador to the UN in New York also made a presentation to the Security Council when the Mission briefed the Security Council on the report.523 The Ministry of Foreign Affairs posted the ambassador’s full statement on its Facebook page.524 The Tatmadaw Commander-in-Chief, SeniorGeneral Min Aung Hlaing, who has ultimate say over military justice, made similar statements.525 Myanmar’s Parliament discussed the Mission’s report(s) several times. 526 514 515 516 517 518 519 520 521 522 523 524 525 Both of these issues are discussed below. See Chapter IV, section G of this report: The situation of the Rohingya; Conclusions and legal findings: the impossibility of return. A/HRC/39/CRP.2, paras. 1242-1244. See, for example, A/HRC/42/50, para. 96. A/HRC/39/CRP.2, para. 1441. (“The Mission therefore concludes, on reasonable grounds, that the factors allowing the inference of genocidal intent are present. It is now for a competent prosecutorial body and court of law to investigate and adjudicate cases against specific individuals to determine individual guilt or innocence.”) A/HRC/39/CRP.2, paras. 8-32. A/HRC/39/CRP.2, para. 10. See Chapter IV, section G of this report: The situation of the Rohingya; Conclusions and legal findings: the impossibility of return. Human Rights Council, “Human Rights Council holds interactive dialogue with the Independent International Fact-Finding Mission on Myanmar”, Media Announcement, 18 September 2018, available from https://www.ohchr.org/EN/HRBodies/HRC/Pages/NewsDetail.aspx?NewsID=23582&LangID=E For example, on 24 October 2018, Myanmar’s UN ambassador, Hau Do Suan, rejected the Mission’s findings at a high-level Security Council briefing. See, United Nations Security Council, Head of Human Rights Fact-Finding Mission on Myanmar Urges Security Council to Ensure Accountability for Serious Violations against Rohingya: Myanmar’s Representative Calls Mission Flawed, Biased, Defends Counter-Terrorist Actions by Security Forces in Rakhine State, 8381st Meeting (PM), Meeting Coverage, SC/13552, 24 October 2018, https://www.un.org/press/en/2018/sc13552.doc.htm (accessed 17 May 2019). Ministry of Foreign Affairs Myanmar, Facebook Post, 25 October 2018, https://www.facebook.com/mofamyanmar/posts/myanmar-permanent-representative-to-the-unitednations-delivers-rebuttal-stateme/1007680572765571/ (accessed 17 May 2019). Reuters, Myanmar army chief denies systematic persecution of Rohingya, 15 February 2019, https://www.reuters.com/article/us-myanmar-rohingya/myanmar-army-chief-denies-systematicpersecution-of-rohingya-idUSKCN1Q416C (accessed 17 May 2019). See, also, AFP, UN should not 'interfere': Myanmar army chief, September 24, 2018, https://frontiermyanmar.net/en/un-should-not- 73