It will also be important that you work
impartially and conduct very minimal tampering
Other forms of justice
of the data. A defense lawyer might argue
If these risks are overwhelming, all is not lost.
that the data is corrupted, biased, or carries
The Syria Justice and Accountability Centre,
improper motivations. You will need to conduct
an organisation collecting human rights and
at least some analysis in order to make your
international humanitarian law violations in the
documentation searchable and understandable,
Syrian conflict, has collected over one million
but try to keep the analysis at a minimum.
pieces of data over five years. Most of the
Risks of engaging with courts
documentation — perhaps up to 90 percent —
will likely not be accepted in court, but all the
By engaging with courts, human rights
remaining documentation can be used for other
organisations risk being subpoenaed to divulge
types of transitional justice processes.
confidential evidence, like names and dates, in
open court due to a pre-trial procedure that
enables each party to see evidence of the other
(“rules of discovery”).
Transitional justice includes truth commissions,
reparations programs, memorialization, and
institutional reform, which can all be used to help
heal, redress past harms, and move towards
If you are working with the prosecution, try
reconciliation. In the case of institutional reform,
setting up a witness protection system. Many
large data sets can show abusive and corrupt
court proceedings are public, and all your
trends in a country’s judicial sector. This data
precautions could instantly go out the window if
can help demonstrate aspects of the sector
the witness testifies and their name and personal
that require reform and can guide a country’s
information go public. Avoid engaging with courts
legal reform and vetting process. By reforming
that do not protect witnesses so your witnesses
the justice sector, a country can move towards
are not harmed as a result of their testimony.
ensuring non-recurrence.
37
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