3. Sequencing and timing
The final assessment of information on alleged perpetrators is to be made after
the investigation closes but – for time-bound investigations – before the end of
the mandate. This narrow window can prove challenging in light of the myriad
demands placed on staff as an investigation winds down – constraints that have led
different investigative bodies to begin generating dossiers at different times.
(a) Simultaneous
Most investigative bodies use the same investigative process for identifying individuals
as for identifying the underlying violations and crimes. When a violation or crime
is identified, a dossier is opened on all those implicated. The advantage of this
approach is the consistency between the findings of the report and the information
in the dossiers. It obviates the need to review the same material on two occasions
and to make two judgments. As additional information surfaces in the course of the
investigation, or if the mandate is renewed (CoIs), the dossiers may be updated. To
facilitate this, the database should be configured to allow new source information to
be cross-linked to the suspected individuals.
(b) Subsequent
Other investigative bodies populate dossiers only after the report has been
completed. The advantage is that this prioritizes the report and other products which
have earlier delivery deadlines: dossiers have no fixed deadline so long as they
are completed by the end of mandate (time-bound investigations) or the close of
the office/mission (field presences). A consequence of this approach, however, is
that insufficient time and attention may be devoted to analysing the evidence on
suspected individuals. Contracts may be ending and staff departing, leading to a
risk that the dossiers may be rushed. Waiting until the end may also give rise to
inconsistencies if a subsequent and separate review of the information, perhaps by
different people, leads to different conclusions with respect to key elements, or if
new or different information has surfaced in the meantime.
It is strongly recommended that dossiers be generated simultaneously with the
identification of the crime or violation.
DOSSIERS ON RESPONSIBLE INDIVIDUALS
101
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