A/HRC/41/CRP.1 (b) Recover and preserve all material probative of the cause of death, the identity of the perpetrator(s), and the circumstances surrounding the death; 244 (c) Identify possible witnesses and obtain their evidence in relation to the death and the circumstances surrounding the death; (d) Determine the cause, manner, place, and time of death, and all of the surrounding circumstances. In determining the manner of death, the investigation should distinguish between natural death, accidental death, suicide, and homicide245 and, (e) Determine who was involved in the death and their individual responsibility for the death. This can extend across multiple contexts, encompassing both the individual circumstances of death and wider trends. 269. States should also take appropriate measures in their investigations to establish the truth relating to the events leading to the deprivation of life; including the reasons and legal basis for targeting certain individuals and the procedures employed by State forces before, during and after the time in which the deprivation occurred, and the identification of the bodies of individuals who have lost their lives.246 The right to know the truth247 extends to the society as a whole, given the public interest in the prevention of, and accountability for, violations of the right to life. International sources 270. In 1989, the U.N. Economic and Social Council adopted the well-regarded Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions248 (“1989 U.N. Principles”) to reinforce the substantive obligation of states to protect life and to prevent extrajudicial killings. The Principles require states to prohibit “all extra-legal, arbitrary and summary executions” and to “ensure that any such executions are recognized as offences under their criminal laws and are punishable by appropriate penalties which take into account the seriousness of such offences.” 271. The United Nations adopted the Manual on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions249 (“1991 U.N. Manual”) to complement the 1989 Principles. In 2016, the United Nations published the Minnesota Protocol on the Investigation of Potentially Unlawful Death, to reaffirm and extend the principles contained in the 1991 U.N. Manual. II. Immunity, jurisdiction and access to the crime scene 272. International standards, best practice and common sense demand that a crime scene should be secured at the earliest possible opportunity and unauthorized personnel shall not be permitted entry. The “crime scene” is defined as “any physical scene where investigators may locate, record, and recover physical evidence. The term ‘crime scene’ is used without prejudice to the determination of whether a crime has actually occurred.”250 The crime scene may be a place where a person’s body or skeletal remains is found, as well as any relevant building, vehicle, or place in the environment, including individual items within that environment such as clothing, a weapon, and personal effects. 244 245 246 247 248 249 250 56 This should include telephone logs or reports, as well as digital evidence contained on mobile telephones, computers, cameras, and other electronic devices. IACtHR, Véliz Franco et al. v. Guatemala, 2011, §191. Human Rights Council, General Comment 36, paragraph 28 Art. 2, ICCPR and Art. 24, ICPED. See also Principles 2-5, Updated Set of principles for the protection and promotion of human rights through action to combat impunity, UN doc. E/CN.4/2005/102/Add.1; and see also UN docs. E/CN.4/2004/88 and E/CN.4/2006/91. U.N. Doc. E/RES/1989/65 (May 24, 1989 U.N. Doc. E/ST/CSDHA/12 (1991) The Minnesota Protocol on the Investigation of Potentially Unlawful Death, 2016, para 58-59 https://www.ohchr.org/Documents/Publications/MinnesotaProtocol.pdf