Testimonial evidence
- that victims were killed, including details as to the means by which they were killed, or the location of mortal remains;
- that a senior official (or officials) of the corporation committed the crime through action or omission committed the crime;
- that the corporation maintained close relationships with military or paramilitary groups who were killing civilians or protected persons (and the corporation knew or should have known that this was the case);
- that a member of the said groups killed the victim(s);
- that a corporation was providing material support to the said groups; or
- that a corporation knew about the existence of endangering conditions to persons’ lives (to whom it owed a duty of care).
Documentary evidence
- autopsy reports or certificates of death;
- audit reports listing the transactions of the corporation and recipients of the said transactions;
- list of the board of directors (from parent and subsidiary companies) and the share capital, shareholders of the parent and subsidiary companies;
- newspapers, public statements, or announcements reporting the commission of crimes by military or paramilitary groups;
- statements / press releases of the company;
- internal incriminating documents of the corporation i.e., board minutes, emails, signed letters, official logbooks, or diaries;
- reports of experts drafted after an inspection of premises, an assessment of the risks present, reports explaining the project / operations of the corporation etc.
- corporate policies, or codes of conduct;
- written contracts (e.g., concession agreements, contracts for the provision of security services, or supply agreements with local paramilitary forces); or
- regulations, laws, decrees, official statements issued by governments (e.g., designating paramilitary groups as terrorist organisations)
Physical evidence
- post-mortem analyses;
- coroner reports;
- weapons / articles used to kill the victim(s); or
- other forensic evidence demonstrating cause, time, location of death etc
Digital evidence
- video or photographic evidence depicting physical signs of harm (e.g., those published on social media, or in local news reports);
- recordings, videos, or photos depicting a corporations’ officials meeting with the victim(s) or with high commanders of the military or paramilitary groups; or
- (open and closed source) photos, videos, or 3D simulations depicting the projects under construction or the business operations of the corporation.
