Evidence collection and case building

To build case files which could be shared with relevant national, international and regional judicial authorities, the Mechanism seeks 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 also:

  • collects material from open sources, including from the internet, news, public reporting and social media;
  • interviews victims, witnesses and other individuals;
  • obtains 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 consolidates and preserves the collected material using appropriate information management tools and electronic databases.

Subsequently, the collected material is analyzed based on reliability and probative value, taking into account evidentiary and methodological standards and principles applicable in relevant national and international legal systems. The Mechanism also identifies gaps in the information, documentation and evidence in its possession and obtains additional evidence as needed.

Based on the analysis, the Mechanism prepares 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 acts independently and impartially, and does not make any distinction based on the affiliation or official capacity of alleged perpetrators. The Mechanism also seeks 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 are 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.