Collecting, preserving and analyzing evidence
The success of future trials depends on collecting and preserving evidence now before it is lost or destroyed and recording witness testimonies while the information is fresh.
The Mechanism collects and analyzes a range of evidence, such as:
Material from open sources, including from the internet, news, public reporting and social media.
Interview statements from victims, witnesses and other individuals.
Physical evidence, such as documentation, photographs, videos, geospatial imagery and forensic material.
Financial information, such as networks and links between individuals, corporate entities and groups of interest; weapon supply chains; and the dispossession of land, homes and businesses.
Information received from the Independent International Fact-Finding Mission on Myanmar.
Information and documentation received from civil society and non-governmental organizations.
These materials are stored securely and confidentially using state-of-the-art information management systems that retain the integrity of the information and ensure the appropriate chain of custody so that they can be admissible in court.
The Mechanism’s lawyers, investigators, analysts and other specialists use technologies and methods to analyze and cross-check the information they receive to ensure it is reliable and can be used in court.
They then share evidence and analysis with national, regional and international courts and tribunals to facilitate criminal prosecutions of persons who are most responsible for the crimes.
The Mechanism acts independently and impartially – it does not make distinctions based on the affiliation or official capacity of alleged perpetrators, or the racial, ethnic or religious groups of the victims.
Find out how to share confidential and sensitive information with the Mechanism.
Prioritizing investigations
The Mechanism has developed a policy to prioritize incidents to be investigated. It looks at the nature, gravity and scale of each crime; how it was committed; and the impact of investigations on victims and potential deterrence of future crimes. It considers the strength of the available evidence and whether further evidence could be obtained. Incidents that include sexual and gender-based crimes and crimes against and affecting children are prioritized.
Sexual and gender-based crimes
The Mechanism prioritizes investigating sexual and gender-based crimes (SGBC), which are often under-reported and under-documented, to fully capture the harm inflicted on victims – including women, men, children and people with diverse gender identities – and their communities. Sexual crimes include rape, sexual slavery, forced marriage, enforced prostitution, forced pregnancy, forced nudity, enforced sterilization or any other equally serious form of sexual violence. Gender-based crimes include persecution or torture committed against a person because of their sex or socially constructed gender roles, as well as reproductive violence – any actions or lack of actions that cause harm by interfering with a person’s ability to reproduce or make or carry out decisions about their reproduction.
Recognizing the unique challenges of investigating these crimes, the Mechanism has:
Developed guidance documents to support investigations.
Recruited investigators, lawyers, analysts, and witness support and protection officers with expertise in handling such cases and working sensitively with victims and witnesses.
Trained personnel on SGBC and gender-sensitive approaches and methodologies.
The Mechanism also engages with grassroots women’s groups and women leaders from diverse groups and organizations that work with people of diverse sexual orientations and gender identities to include their perspectives in its investigations and amplify their voices in the accountability process.
Learn more about the Mechanism's investigations into sexual and gender-based crimes.
Crimes against and affecting children
Children from all ethnic groups in Myanmar have been directly targeted by the Myanmar security forces and armed groups for serious international crimes, including killings, arbitrary detention, torture, SGBC, conscription and use in active hostilities. When schools and hospitals are targeted during armed attacks, children are also gravely affected.
The Mechanism prioritizes investigating these crimes. Its specialist personnel have expertise in documenting crimes against and affecting children (CAAC) and working sensitively with child victims and witnesses.
Financial investigations
The Mechanism collects and examines financial information and evidence involving military and civilian officials, corporate actors and others who may have financially contributed to or benefitted from serious international crimes in Myanmar since 2011. For example, the Mechanism is investigating the destruction and dispossession of land, homes and businesses during the 2016 and 2017 clearance operations against the Rohingya. It is also investigating individuals who supply weapons, knowing they could be used to commit serious international crimes, and who could be held responsible for enabling those crimes.
In particular, the Mechanism collects information about bank transactions, currency transfers, property ownership, weapons supply chains and the assets of military and civilian officials, corporate actors or groups of interest. In addition to facilitating criminal proceedings, this information could also help authorities to locate and arrest perpetrators, divert resources from the commission of further crimes, and identify possible ways to compensate victims.
Open-source investigations
“Open source” or publicly available information, which is primarily found online, is increasingly useful in the Mechanism’s criminal investigations. Online material must go through rigorous verification before being used in court, so the Mechanism’s investigators and analysts carefully analyse and verify the authenticity and reliability of such material.
To uncover new investigative leads and corroborate witness statements, the Mechanism analyses various types of open-source material, including:
Social media content such as photos, videos and posts.
Geospatial imagery and transportation tracking data.
Reports and publications from governments, academics, media and civil society organizations.
Reports on corporate structures and company ownership.
