A/HRC/57/18
media, print materials and speeches. The Mechanism’s investigations also seek to identify
the broader political, historical and contextual developments that have led to the systematic
persecution of the Rohingya over time.
16.
During the reporting period, the Mechanism shared an unprecedented volume of
evidence and analysis with three ongoing investigations and judicial proceedings, two of
which are criminal investigations focusing on the individual responsibility of perpetrators of
crimes committed against the Rohingya. The first investigation is being conducted by the
Office of the Prosecutor of the International Criminal Court. The second criminal
investigation is being conducted by the Federal Prosecutor’s Office No. 9 in Argentina. The
third proceeding is The Gambia v. Myanmar case before the International Court of Justice,
which concerns State responsibility under the Convention on the Prevention and Punishment
of the Crime of Genocide. The Mechanism is proactively identifying information and
evidence that could be relevant to these investigations and proceedings and is also responding
to targeted requests from these authorities for specific information or analysis. The authorities
have expressed their strong appreciation for the evidence and analyses shared by the
Mechanism.
17.
The current support provided by the Mechanism for the above proceedings is of a
time-sensitive nature. The proceedings at the International Court of Justice are reaching the
conclusion of the written submissions phase and oral hearings on the merits are expected to
begin in 2025. The investigations in Argentina and at the International Criminal Court are
both active and advancing.
18.
As a fundamental principle, the Mechanism only shares materials when individuals or
entities have consented to the sharing of their materials with the specific judicial authorities
concerned. In addition, the Mechanism conducts its own further review of such materials to
ensure that sharing will not compromise the safety or privacy rights of any persons identified.
As the three jurisdictions with which the Mechanism is currently sharing each have their own
distinct rules and procedures regarding the admissibility of evidence and the protection and
privacy of witnesses, the Mechanism carries out an informed consent analysis for all
materials that it shares. This requires regular and ongoing engagement with the Mechanism’s
witnesses and sources. The Mechanism also coordinates closely with the relevant
jurisdictions to facilitate the direct provision of testimony by witnesses in the proceedings
and to “deconflict” witnesses to ensure that sensitive and vulnerable individuals are not
approached or asked to be interviewed again by multiple justice institutions.
B.
Investigating post-coup crimes
19.
The Mechanism’s other priority area of investigation concerns crimes committed
against other groups in Myanmar since 2011, which increased in brutality and intensity
following the military coup in February 2021. As described in the Mechanism’s previous
annual reports, the Mechanism has collected significant volumes of credible evidence and
information indicating the commission of war crimes in connection with armed conflict and
crimes against humanity as part of a widespread and systematic attack against the civilian
population. This pattern has been escalating and spreading across the country and the
Mechanism has been collecting credible reports of brutal atrocities being committed at an
alarming rate. In this context, the Mechanism has sought to prioritize its investigations of
new incidents according to its case prioritization policy, while continuing to investigate
crimes that may have been committed prior to the reporting period.
Crimes related to the suppression of dissent following the military coup
20.
The Mechanism has made important progress in the collection and analysis of
information related to: (a) the violent suppression of protests during the period following
February 2021; (b) torture and other abuses in detention, including sexual and gender-based
crimes; and (c) unlawful imprisonment of perceived opponents of the military regime,
including arbitrary detention and manifestly unfair trials.
21.
In relation to the violent suppression of protests, the Mechanism has accumulated
substantial evidence indicating that security forces applied disproportionate force against
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