· Contact with other governments in the region and regional organizations that
may have relevant information, including diplomats who had contact with officials
in the State under investigation.
· Contact with militaries and intelligence agencies in the region, for example
military personnel involved in regional trainings, or who might have gone to the
same military academies, or might have known each other before the period
under investigation, etc.
The investigation should not encourage third parties to produce or collect information
by means that are not in conformity with human rights standards, or information
that was collected, used or stored without due regard for the safety and security of
sources and others who may require protection. If such information is offered, its
probative value has to be carefully weighed against any impact its use may have
on the perceived integrity of the investigation, and against the likelihood that it may
encourage such practices in the future. Investigations must never accept evidence
adduced through torture.
Investigative practice and OHCHR policy are both clear that United Nations human
rights investigations do not normally gather physical evidence of violations and
crimes.103 This is in part because, as temporary bodies, CoIs/FFMs and similar
investigations are not in a position to safeguard the evidence over time, and in part
so as not to disturb the sites of violations or crime scenes or to hinder subsequent
criminal or other investigative processes.104 The above sources and investigative
avenues can be canvassed with minimum effect on any subsequent court cases.
Planning is critical to the success of an investigation, while, in the context of complex
investigations, flexibility is also a necessity. Situations evolve, access changes,
information sources come and go, levels of cooperation fluctuate. Despite careful
planning, investigative bodies looking for information on responsible individuals
must be able to react and to adapt their approaches and tactics to the circumstances.
This practice could evolve as differing mandates, such as that of the International, Impartial and
Independent Mechanism, are envisaged and roles different from those of traditional investigative bodies
are called for.
104
See Guidance and Practice, p. 54. Investigators would not normally take fingerprints or blood samples,
or remove a bullet casing from a crime scene, for example. In line with policy, investigators should only
ever consider taking possession of physical evidence when convinced that the evidence is crucial for
subsequent legal processes and that it risks being destroyed or otherwise made permanently unavailable
and they are prepared professionally to secure the item(s) properly.
103
COLLECTING AND ANALYSING THE INFORMATION
57
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