• If a request seeks information that points to the source, the information may be shared only when: - Informed consent to share has been secured; and - There is no reason to believe that the source’s personal security would be at risk.161 • Open-source information can be shared at any time, assuming no threats to security. Example: Sharing information Based on two open sources and information from three interviewees, an investigation determines that it has “reasonable grounds to believe” that person X is responsible for having taken a number of people hostage. Two of the interviewees refuse to consent to the external sharing of their information. The investigative body is then approached by a credible, independent national court for information. The court provides assurances that the information will be kept confidential. If the request is for generic information, the investigation may consider declining. If, however, the investigative body determines it is prudent to cooperate with the court, it may consider sharing: (a) Open-source information: such as information in a government’s or civil society organization’s public report; (b) Sensitive/confidential information: information received from sources in confidence, but only where consent to share with such a court has been given and no security risks preclude sharing; (c) Facts or factual findings: such as facts about the hostage taking, for example the number of hostages; or conclusions: its own determination that person X bears responsibility for the crime. (See Table 1 above.) All five sources may be used to reach the conclusion that is eventually shared under (c), but the sources themselves would not be revealed. The investigative body must ascertain, however, whether sharing the name of X could 161 See OHCHR Manual on Human Rights Monitoring, chapter 14, “Protection of Victims, Witnesses and other Cooperating Persons”. HOW TO GET THE MOST FROM THE INFORMATION 93

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