A/HRC/24/42
Court of Human Rights acknowledged the right to truth not only for victims and their
families but for the general public as well.16
20.
The right to truth entitles the victim, his or her relatives and the public at large to
seek and obtain all relevant information concerning the commission of the alleged
violation,17 the fate and whereabouts of the victim18 and, where appropriate, the process by
which the alleged violation was officially authorized.19 With this legal framework in mind,
in the aftermath of repression or conflict, the right to truth should be understood to require
States to establish institutions, mechanisms and procedures that are enabled to lead to the
revelation of the truth, which is seen as a process to seek information and facts about what
has actually taken place, to contribute to the fight against impunity, to the reinstatement of
the rule of law, and ultimately to reconciliation.
IV. Selected current problems in the operation of truth
commissions and proposed responses to increase their
effectiveness
21.
The past two decades have seen a steady increase in the establishment and use of
various truth-seeking mechanisms, ranging from State-sanctioned truth commissions to
“unofficial” truth-seeking processes, carried out by civil society groups, including victims’
organizations.20 Truth-seeking has also been pursued at the international level through
international commissions of inquiry and fact-finding missions.
22.
The present report will focus on selected current problems of State-sanctioned truth
commissions in the aftermath of gross human rights violations and serious violations of
international humanitarian law, and proposes responses to increase their effectiveness. It
identifies some challenges stemming from trends that can be usefully addressed in a text of
this sort. Hence, the report will deal with aspects related to the establishment and operation
of truth commissions that, if addressed adequately ex ante, improve the likelihood of a
commission being able to make its distinctive contribution. It also deals with topics that
might improve the chances of a commission’s recommendations being taken up ex post,
emphasizing an underlying practical interest.
A.
The state of the field: achievements and challenges
23.
As temporary, ad hoc institutions, truth commissions are not part of an established
institutional framework and have no pre-existing political constituency or cadres of wellestablished bureaucrats. Yet they have proven to be capable of making significant
contributions to transitional processes in the over 40 countries that have implemented them
16
17
18
19
20
6
European Court of Human Rights (ECtHR), El-Masri v. the former Yugoslav Republic of Macedonia
(n° 39630/09), 13 December 2012, para. 191, the Court emphasizes “the great importance of the
present case not only for the applicant and his family, but also for other victims of similar crimes and
the general public, who had the right to know what had happened”.
E/CN.4/2006/91, para. 38.
A/HRC/16/48, pp. 12-17.
General Assembly resolution 60/147, annex, para. 24; see also IACommHR (fn 13), p. 193; IACtHR
(fn 14), para. 274; ECtHR (fn 16), para. 192.
Some of them have produced important reports, including Brazil’s Nunca Mais, Guatemala’s
Proyecto lnterdiocesano de Recuperación de la Memoria Histórica (REHMI), Uruguay’s Nunca Más,
Northern Ireland’s Ardoyne: the Untold Truth, and Greenbsoro’s Truth and Reconciliation
Commission’s Final Report.
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