• Factual findings concerning an individual (such as a position held) may
be included in a public report, irrespective of whether a right to reply was
afforded, but without indicating responsibility for any crime or violation;
• Individuals should not be named as responsible, or allegedly responsible,
without being connected to a specific incident or incidents for which the
investigative body has concluded that a crime or violation occurred.
Example on reporting publicly
A fact-finding mission (FFM) concludes that summary executions of captured
enemy fighters took place and that a specific person, whose name is known to
the FFM, was the head of a militia group implicated in the incident. However,
the leadership of the group changed over time, and information conflicted as to
whether this specific person was in fact the head, and in effective control of the
militia, at the time of the executions. At the end of the investigation, the FFM has
“reasonable grounds to believe” that the person was the leader and in effective
control at the relevant times.156
In this example, the fact of executions taking place would be a violation or a crime
that is reportable under the “reasonable grounds” standard. Under that same
standard, the FFM might also name the militia as responsible. The FFM might also
name the leader of the militia group, but as a finding of fact. The FFM could share,
under the “reasonable grounds” standard, the factual finding of dates on which the
person was the head of the militia. However, the FFM should not publicly describe
the leader as responsible for the executions unless, at a minimum, a right of reply
has been afforded.
This situation could easily arise, for example if witnesses cannot recall precise dates, or if the FFM secured
evidence of executions taking place both before and after the person was head of the militia, but not
during that period.
156
90
ATTRIBUTING INDIVIDUAL RESPONSIBILITY
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