Practical tips and cues for investigating allegations of rape and sexual and gender-based violence
Examples of relevant evidence
Testimonial evidence
- that a victim was assaulted, including any details as to how
- that an attack or other event constituting the context for the attack, took place;
- that a senior official (or officials) of the corporation committed the crime through action or omission;
- that the corporation maintained close relationships with military or paramilitary groups who committing the relevant conduct;
- that a corporation was providing material support to the said groups; or
- that a corporation knew about the existence of conditions likely to lead to the conduct in question (to whom it owed a duty of care).
Documentary evidence
- documents reflecting the relationship between the company and the relevant population
- 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
- medical records / hospital admission rates; or
- tracking of the company’s operations and impact on the land.
Digital evidence
- video or photographic evidence depicting the displacement taking place (e.g., those published on social media, or in local news reports); or
- (open and closed source) photos or videos depicting the attack or assault.
