The benefits of this approach are that the information collected by the investigative
body is actually being used to further justice initiatives. As the information is not
released publicly, the core human rights concerns of the person identified are
alleviated to a significant degree. Nor is the “right of reply” from principle 9 of
the Impunity Principles invoked,134 although nothing prohibits the investigative body
from upholding such a right, and certainly where feasible it should do so. This would
also be in conformity with the principle of impartiality.
Importantly, the Syria CoI reaffirmed that the consent of the persons providing the
information should be obtained in advance. Under applicable source protection
procedures, staff involved in the investigation, and later OHCHR personnel, must also
consider, irrespective of the consent provided, whether sharing could compromise
the security of the source.135
Assessing the recipient136
The Syria CoI limited sharing to judicial mechanisms, excluding entities such as
truth commissions or other United Nations agencies.137 Each investigative body will
make its own decision in this regard but, when assessing the suitability of a recipient,
it should consider the following, non-exhaustive criteria:
• The purposes for which the information will be used are consistent with those
of the United Nations and the mandate of the investigative body;
• The recipient has given assurances that confidentiality can and will be
maintained; staff reasonably believe that those assurances can and will be
respected;
• The recipient maintains adequate security protocols for handling sensitive
information, including labelling, custody, storage and retrieval;
See infra, note 142 (Impunity Principles).
OHCHR Manual on Human Rights Monitoring, chapter 14, “Protection of Victims, Witnesses and other
Cooperating Persons”, p. 8 (“Do No Harm”), and section 5 B 2, supra.
136
The Syria CoI, like any investigative body contemplating whether to share perpetrator information, had
to make an assessment of the ability of the requesting entity – in this case a national court – to handle
the confidential information appropriately. The CoI was in a unique position in that its mandate had
been repeatedly renewed, giving it time to consider and respond to requests for information. Other
investigative bodies may not be in such position.
137
As noted in section 2 B, information on individuals may be useful for, inter alia, truth commissions,
assessments under the Human Rights Due Diligence Policy, the Policy on Human Rights Screening of
United Nations Personnel, and/or national vetting processes.
134
135
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