• Where the recipient is a State, it maintains adequate civilian oversight of security institutions; • Any attempts to retaliate against victims, witnesses or perpetrators have received an appropriate response from authorities in the recipient’s jurisdiction; • If the purpose can lead to a sanction or other negative consequence for an individual, the recipient guarantees appropriate procedural fairness, commensurate with the seriousness of the sanction/consequence, in rendering its decisions; • For judicial systems: - Indicia of independence; - Lack of indicia of discrimination; - Broad respect for fair trial standards; - Enforcement of decisions, including contempt; - Proper appellate review; - Existence of a witness protection programme; and - Absence of the death penalty. When deciding whether to share information confidentially with any entity, the investigative body should assess the totality of the circumstances. Even after such an assessment it is important to recall that, once information has been shared, the investigative body or, subsequently, OHCHR, loses control of it and can no longer ensure confidentiality.138 Sharing within the United Nations, where recipients would be subject to SOPs on the handling of such information, may pose less risk, but does not alleviate it altogether. 138 82 ATTRIBUTING INDIVIDUAL RESPONSIBILITY