A/HRC/45/60
mission transmitting the virus, the safety and health of its potential interlocutors, and the
host State’s requirements and views.
Sharing of information, documentation and evidence
48.
As regards the sharing aspect of its mandate, the Mechanism provided materials
received from the independent international fact-finding mission on Myanmar, in response
to a request from a prosecutorial authority. This was done in line with the Mechanism’s
mandate and with the consent of the parties that had originally provided the information to
the mission.
49.
The Mechanism also received requests from two Member States for information and
documentation to be used in ongoing proceedings before the International Court of Justice.
In accordance with the Mechanism’s mandate and its terms of reference, the Mechanism
has commenced the process of sharing materials relevant to these proceedings, with the
consent of the parties that provided the information and documentation.
III. Strategy and plans moving forward
50.
The Mechanism’s workplan strategizes, prioritizes and puts in sequence concrete
steps to advance the mandate, with both short-term goals for 2020 and 2021 and long-term
goals for the period beyond. This will be further elaborated below.
51.
In this regard, the Mechanism notes that its ability to carry out a key component of
its work – that is, to conduct missions for engagement and evidence-collection purposes – is
uncertain owing to the global COVID-19 pandemic. Despite the current restrictions and
limitations, the Mechanism continues to implement its mandate to the best of its ability, and
it will seek to adjust and adapt its operations and processes in accordance with any changes
in circumstances.
A.
Further expansion of its collection, consolidation, preservation and
analysis activities
52.
In order to expand the Mechanism’s database of material related to crimes falling
within its mandate, the Mechanism will increase its efforts and activities in the collection of
information, documentation and evidence. Additionally, it will also expand the scope of its
engagement with potential information sources and providers through the use of innovative
and flexible solutions. Open source investigations and monitoring of events in Myanmar,
including efforts by the authorities to prevent or punish crimes, will also continue.
53.
Through its collection and analysis work, the Mechanism will also continue to
identify and prioritize areas of investigation, incidents or cases, which will in turn guide the
Mechanism’s future collection efforts. In this regard, the Mechanism will take into
consideration a number of relevant factors, such as the scale and gravity of crimes; the
commission of sexual and gender-based crimes; the impact of crimes on particularly
vulnerable groups, including children; the Mechanism’s likely access to the victims and
witnesses of the crimes, which is needed to build viable case files; and whether the
Mechanism’s case selection reflects the geographic and ethnic diversity of Myanmar. The
strategy will also seek to devote the Mechanism’s limited resources to activities where there
is accessible evidence, which can lead to building viable case files proving individual
criminal responsibility.
54.
Based on its investigative priorities, the Mechanism will also continue to identify
witnesses who may have relevant information vis-à-vis those priorities. In this regard, the
Mechanism will seek to prioritize the conduct of interviews with witnesses who may have
relevant first-hand information regarding the commission of serious international crimes
and violations of international law in Myanmar since 2011, but who have yet to provide
witness testimony to other entities involved in various accountability processes. In
screening and selecting the witnesses for interview, the Mechanism will also carefully
assess each witness, taking into account various factors such as the potential relevance of
that testimony, the safety and security of the witness, and the risk of re-traumatizing the
witness.
9
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