Information collected during an investigation and not included in public reporting
is generally to be kept confidential. As noted, sharing information about individuals
who are allegedly responsible for crimes or violations can affect core human rights,
such as those concerning privacy and the presumption of innocence. Another limit on
sharing is that information collected during a United Nations investigation belongs
to the United Nations, and may be disclosed only in conformity with United Nations
protocols, including those applicable to sensitive and classified information.113
Those limitations notwithstanding, this guidance presumes that information collected
on responsible individuals is to be put to the best use(s) possible.114 The following text
sets out the approaches taken to information sharing, including when responding to
requests for information from external entities, and considerations for investigations
seeking proactively to place pertinent information in the hands of entities that can
use it to advance accountability.
A. Preliminary considerations
For the reasons set out above, investigative bodies must proceed carefully if
considering disclosure. Both the positive and negative ramifications for released
information are potentially serious and far-reaching:
· For the victims, witnesses and sources whose accounts contributed to the
identification:
- They may eventually see that justice is being done, or at least moving forward;
- They, or their family members or associates, may also be the subject of reprisals
or otherwise have their lives or security at risk;
- Victims, witnesses and sources can themselves, potentially, be implicated in
crimes or violations;
· For the alleged perpetrators, identified by the investigative body:
- They may face legal consequences, such as being arrested and tried;
- They may also be ostracized, or face purges, torture or even extra-judicial
execution, depending on their circumstances – even if innocent of the accusation;
Applicable rules include the Secretary-General’s bulletins on record-keeping and the management of
United Nations archives (ST/SGB/2007/5), and on information sensitivity, classification and handling
(ST/SGB/2007/6).
114
See section 2 B, supra, where a number of potential uses of perpetrator information are described.
113
72
ATTRIBUTING INDIVIDUAL RESPONSIBILITY
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