• That OHCHR, as custodian, release the information to requesting entities
that meet certain conditions, or who are deemed to be using it for specific
purposes.119
Updated Principles to combat impunity
“The terms of reference of commissions of inquiry should highlight the importance
of preserving the commission’s archives. At the outset of their work, commissions
should clarify the conditions that will govern access to their documents, including
conditions aimed at preventing disclosure of confidential information while
facilitating public access to their archives.”
Updated Set of Principles for the protection and promotion of human rights
through action to combat impunity, United Nations doc. E/CN.4/2005/102/
Add.1, recommended by Commission on Human Rights resolution 2005/81,
21 April 2005.
Any recommendation should recall the custodian’s obligation to respect the consent
choices made by the sources of the information and to ensure that proper security
assessments are undertaken prior to any release of information.120
Once OHCHR sends the materials for archiving, the information will be declassified
and thus available to the public, although only according to United Nations
rules.121 Thus, materials labelled “confidential” will be automatically declassified
after 20 years, while those labelled “strictly confidential” will be reviewed on an
item-by-item basis for possible declassification after the same period.122 This is
why sensitive investigation materials such as interview notes, dossiers and any
other materials that could reveal sources or alleged perpetrators should always be
labelled “strictly confidential”.
While such recommendations could also be transmitted via a covering memo, when materials are
transferred to the custodian at the end of the mandate, including them in the report serves the interests of
transparency and securing them for posterity.
120
See OHCHR Manual on Human Rights Monitoring, chapter 14, “Protection of Victims, Witnesses and other
Cooperating Persons”. The custodian is to respect the sensitivity classifications attached to such materials
as well as the “informed consent” that was recorded during interviews. See Secretary-General’s bulletin
on information sensitivity, classification and handling (ST/SGB/2007/6), para. 1.2 (a) and (g).
121
Ibid. para. 4.3. See also Secretary-General’s bulletins on record-keeping and the management of United
Nations archives (ST/SGB/2007/5).
122
Ibid.
119
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