Identifying individuals who are responsible for crimes and violations is a core task
of United Nations investigations. When undertaken with respect for the presumption
of innocence it represents an important opportunity to advance accountability. In
the absence of a compelling reason not to do so, all investigative bodies should
collect and safeguard information that can help with identification. The fact that
such information exists means that those in a position to take appropriate action
may actually be able to do so. This final section sets out some of those actions.
Recommendations relating to those identified
Most investigations conclude with recommendations, some of which relate to
accountability and to individuals believed to bear responsibility. Referral for criminal
prosecution is one of the most frequent, along with a reminder to States of their
international obligations in this respect. Other recommendations of a non-judicial
nature might also be considered vis-à-vis implicated individuals. Examples of such
recommendations include:
(a) Prohibit identified individuals from working in the public sector, including
the intelligence or security services;177
(b) Feed relevant information into the United Nations Human Rights Due
Diligence Policy framework, to preclude support from United Nations
agencies to implicated security structures/units;
(c) Provide information on identified individuals for the screening of United
Nations personnel, to preclude service in United Nations entities;
(d) Where appropriate, recommend that identified individuals be the subject
of United Nations mandated, targeted sanctions, so long as rigorous
procedural safeguards that guarantee minimum standards of due process
are in place;
(e) Institute disciplinary or administrative measures, including demotion or the
prohibition of promotion for those identified;
(f) Feed information into vetting processes that may be underway or envisaged;
Impunity Principles, principle 36, Reform of State Institutions, para. a.
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ATTRIBUTING INDIVIDUAL RESPONSIBILITY
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