A/HRC/57/18
32.
Despite the absence of investigations or proceedings in relation to post-coup crimes,
the Mechanism is preparing files and analytical products on the “chapeau elements” of crimes
against humanity and war crimes, which will be made available to jurisdictions that have
opened or are considering opening investigations in relation to crimes committed on the
territory of Myanmar. Specifically, the Mechanism is using evidence of various crimes to:
(a) substantiate files in relation to specific incidents and locations; (b) develop a cross-cutting
analysis demonstrating the existence of a “widespread or systematic attack against a civilian
population”, which is the threshold for establishing crimes against humanity; and (c) prepare
an analytical product demonstrating the intensity of armed conflicts and the level of
organization of the parties to those conflicts in Myanmar, which is relevant to any
determination as to whether crimes took place in the context of an armed conflict and which
is required to establish the commission of war crimes.
III. Progress on other areas of the Mechanism’s work
A.
Approaches and methodologies for collecting, analysing and managing
information and evidence
33.
Despite facing many challenges owing to the lack of access to crime scenes and
difficulties in contacting witnesses, the Mechanism succeeded in collecting large quantities
of information and evidence during the reporting period. Its approach has been to combine
traditional investigative techniques with modern investigative technologies. The Mechanism
has collected many different types of evidence, ranging from detailed signed statements of
individuals with first-hand knowledge relevant to serious crimes, to the harvesting,
verification and analysis of social media, open-source and financial information. To enable
the vast quantities of data collected to be searched, analysed and utilized, the Mechanism has
optimized complex and sophisticated information management technologies. In all of its
collection efforts, the Mechanism seeks to ensure that a survivor/victim-centred, gendersensitive and trauma-informed approach underpins its methodologies, processes and systems,
particularly in its interactions with witnesses, sources and information providers.
34.
In accordance with the principles of impartiality, confidentiality and informed
consent, the Mechanism applies a multifaceted approach to evidence collection, focusing on
information and evidence pertaining to priority situations and incidents, contextual and
overview information relevant to Myanmar and information pertaining to specific
individuals, groups and structures suspected of perpetrating crimes. In accordance with its
terms of reference, the Mechanism seeks both inculpatory and exculpatory information from
all relevant parties regarding potential serious international crimes committed in Myanmar.
35.
Through its targeted approach to requesting and receiving information and evidence,
the Mechanism has collected and processed for potential sharing nearly 28 million items of
information and evidence. Most of the materials have been collected through formal requests
for information. To date, the Mechanism has made nearly 200 formal requests to a variety of
entities and individuals, which have resulted in the collection of a vast and diverse range of
information and evidence pertaining to its ongoing investigations. Such information and
evidence includes documents, photographs, videos, audio material, geospatial imagery,
forensic evidence, witness statements, social media posts and other open-source materials.
Since beginning its work, the Mechanism has collected information and evidence from over
900 sources and information providers, including from 320 sources and information
providers during the reporting period. The vast majority of the information and evidence is
collected from victims, individuals and representatives of civil society organizations who, at
great risk, are in the front line of efforts to gather information and evidence regarding serious
international crimes committed in Myanmar. Other sources of information and evidence
include national authorities, United Nations entities, international organizations,
non-governmental organizations and business entities.
36.
The Mechanism places great importance on the collection of first-hand, high-value
witness testimony that is essential to building criminal cases. To that end, the Mechanism has
continued to engage with an increasing number of victims and individuals who witnessed the
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