• If a request seeks information that points to the source, the information may
be shared only when:
- Informed consent to share has been secured; and
- There is no reason to believe that the source’s personal security would be
at risk.161
• Open-source information can be shared at any time, assuming no threats
to security.
Example: Sharing information
Based on two open sources and information from three interviewees, an
investigation determines that it has “reasonable grounds to believe” that person X is
responsible for having taken a number of people hostage. Two of the interviewees
refuse to consent to the external sharing of their information. The investigative body
is then approached by a credible, independent national court for information. The
court provides assurances that the information will be kept confidential.
If the request is for generic information, the investigation may consider declining. If,
however, the investigative body determines it is prudent to cooperate with the court,
it may consider sharing:
(a) Open-source information: such as information in a government’s or civil
society organization’s public report;
(b) Sensitive/confidential information: information received from sources in
confidence, but only where consent to share with such a court has been
given and no security risks preclude sharing;
(c) Facts or factual findings: such as facts about the hostage taking, for example
the number of hostages; or conclusions: its own determination that person
X bears responsibility for the crime.
(See Table 1 above.) All five sources may be used to reach the conclusion that is
eventually shared under (c), but the sources themselves would not be revealed. The
investigative body must ascertain, however, whether sharing the name of X could
161
See OHCHR Manual on Human Rights Monitoring, chapter 14, “Protection of Victims, Witnesses and
other Cooperating Persons”.
HOW TO GET THE MOST FROM THE INFORMATION
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