Example 1: Côte d’Ivoire
“In the light of the information that it has gathered, the Commission concludes
that there are reasonable grounds for presuming, in relation to the post-electoral
events, the individual criminal responsibility of certain persons whose names
appear on the confidential list annexed to this report, which may be transmitted
to the competent authorities for the purposes of a judicial investigation.”172
Example 2: Democratic People’s Republic of Korea
“Where testimony or other information received by the Commission indicated the
names of individuals who committed, ordered, solicited or aided and abetted
crimes against humanity, these have been duly recorded. This was also done
where the Commission could ascertain the names of individuals who headed
particular departments, prison camps or institutions implicated in crimes against
humanity. Relevant information has been safeguarded in the Commission’s
confidential database. The Commission has authorized the OHCHR, acting as
the residual Secretariat of the Commission, to provide access to such information
to competent authorities that carry out credible investigations for the purposes of
ensuring accountability for crimes and other violations committed, establishing
the truth about violations committed or implementing United Nations-mandated
targeted sanctions against particular individuals or institutions. The Commission
has requested the HC to grant access only to the extent that witnesses or other
sources of information concerned have given their informed consent and that any
protection and operational concerns are duly addressed.”173
A/HRC/17/48 & 49, 2011, para. 118 (emphasis added).
A/HCR/25/CRP.1, 2014, para. 1196 (emphasis added).
172
173
DOSSIERS ON RESPONSIBLE INDIVIDUALS
103
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