Evidence collection and case building

To build case files which could be shared with relevant national, international and regional judicial authorities, the Mechanism will seek material from individuals as well as other entities undertaking investigative, fact-finding and reporting activities, and building upon the material received from the Independent International Fact-Finding Mission on Myanmar (FFM).

The Mechanism will also:

  • collect material from open sources, including from the internet, news, public reporting and social media;
  • interview victims, witnesses and other individuals;
  • obtain physical evidence, including video/audio-visual, digital, electronic, geospatial and forensic material.

To retain the integrity and security of the evidence and ensure appropriate chain of custody, the Mechanism will consolidate and preserve the collected material using appropriate information management tools and electronic databases.

Subsequently, the collected material will be analyzed based on reliability and probative value, taking into account evidentiary and methodological standards and principles applicable in relevant national and international legal systems. It will also identify gaps in the information, documentation and evidence in its possession and obtain additional evidence as needed.

Based on the analysis, the Mechanism will prepare cases files on individuals who have allegedly committed serious international crimes and violations of international law in Myanmar since 2011. In doing so, the Mechanism will act independently and impartially, and will not make any distinction based on the affiliation or official capacity of alleged perpetrators. The Mechanism will also seek to build case files that are representative of the magnitude or seriousness of crimes committed against various racial, ethnic and religious groups in Myanmar.

These activities will be carried out in line with internal protocols and procedures, consistent with the UN Charter, UN rules, regulations, policies and good practices, relevant international law and jurisprudence, notably the security and well-being of victims and witnesses and the right to a fair trial and other due process provisions. The Mechanism will not share any information, documentation or evidence for use in criminal proceedings in which capital punishment could be imposed or carried out.