Example 1: Democratic People’s Republic of Korea 2013
“All information gathered by the commission, including information pertaining
to individual perpetrators, has been stored in a confidential electronic database.
The commission has authorized OHCHR, acting as the residual secretariat of the
commission, to provide access to the existing materials contained in the database
to competent authorities that carry out credible investigations for 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. Access must only
be granted to the extent that witnesses or other providers of information have
given their informed consent and any protection and operational concerns are
duly addressed.”132
Example 2: Syria CoI
In its ninth report the Syria Commission stated that it was prepared to share
information on a confidential basis, adopting the following approach:
“106. To further promote accountability, the Commission has shared
information – where the consent of the interviewee was obtained – with the
justice systems of States willing to exercise their national jurisdiction over
crimes committed in the Syrian Arab Republic. As foreign fighters return
home from battlefields in the country, there has been an increase in requests
from these States over the past six months.
“107. Some States have also indicated a willingness to assert universal
jurisdiction to pursue criminal investigations against suspected perpetrators,
including foreign nationals, in the armed conflict. In the event that a State
were to gain custody over such perpetrators and their national courts were
to meet international fair trial standards, the Commission would be willing
to share its information upon request.”133
A/HRC/25/63, July 2014, para. 23 (emphasis added).
A/HRC/28/69, paras. 106 and 107.
132
133
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