B. Who decides?
Decisions on sharing information collected by independent United Nations
investigations are taken by the investigative body. Thus, for example, the members
of a CoI would decide whether and what information can be shared externally,
within the bounds of the mandate and based on applicable United Nations rules
and Standard Operating Procedures.115 Once the investigation ends, those decisions
are taken by the custodian of the materials, usually OHCHR.116
OHCHR also makes decisions on sharing information with respect to investigations
undertaken by OHCHR itself, including its field offices.117
C. Approaches to the disposal of information
Approach 1: Safeguarding the information –
post-investigation legacy
The information collected is stored safely and securely according to UN archiving
protocols.
In line with general United Nations policy, information collected or generated during
an investigation, unless included in public reporting, remains safeguarded within the
investigation and is ultimately archived. This applies to all raw information in any
database(s), all interview notes, all physical materials, and any “actor maps”, “lists” or
“dossiers” that may be part of those materials.118 When an independent investigation
ends, the material is handed over to the custodian – usually OHCHR, as noted.
Independent investigations often provide recommendations on its use, for example:
• That the information, including dossiers on alleged perpetrators, be updated
and used by a specific office or field-based structure;
The Secretary-General’s bulletins and SOPs address the handling of sensitive information, including
what can and cannot be made externally available and when; see Secretary-General’s bulletins on
record-keeping and the management of United Nations archives (ST/SGB/2007/5), and on information
sensitivity, classification and handling (ST/SGB/2007/6).
116
Ibid. OHCHR safeguards the information for United Nations purposes, in line with the rules on the
handling of sensitive information and on archiving.
117
Applicable rules refer to the individual who is “authorized” to disclose such information, e.g., see ST/
SGB/2007/6 (section 2.2) (“[T]he designation ‘confidential’ shall apply to information or material whose
unauthorized disclosure ...”).
118
While the description here is limited to information about responsible individuals, many of the same
considerations apply to other types of collected information.
115
74
ATTRIBUTING INDIVIDUAL RESPONSIBILITY
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