A/HRC/24/42
15.
On 1 May, the Special Rapporteur delivered opening remarks, via telephone link, to
the Commonwealth round table on reconciliation.
16.
On 30 and 31 May, in Berlin, he met with the Ministry of Foreign Affairs of
Germany, the Office of the Federal President, the Parliamentary Committee for Human
Rights and Humanitarian Aid, and the Institute for Human Rights, with a view to preparing
the regional consultations for Europe. He also participated in a workshop organized by the
Working Group on Peace and Development.
17.
In May and July, the Special Rapporteur met in Geneva with the Ambassadors
and/or representatives of Bangladesh, Brazil, Cambodia, China, Côte d’Ivoire, the
Democratic Republic of the Congo, France, Guatemala, Indonesia, Japan, the Republic of
Korea, Rwanda, Spain, Sri Lanka, Thailand, Uganda, the United States of America,
Uruguay and the International Organization of la Francophonie.
III. The right to truth
18.
Truth-seeking entities, including truth commissions, aim at the fulfilment of the
right to truth, which is enshrined in a number of international instruments, notably the
International Convention for the Protection of All Persons from Enforced Disappearance
and the Basic Principles and Guidelines on the Right to a Remedy and Reparation for
Victims of Gross Violations of International Human Rights Law and Serious Violations of
International Humanitarian Law. The Human Rights Council has placed the right to truth in
the context of contributions to end impunity. 9 Similar references have been made by
OHCHR,10 treaty bodies,11 and special procedures of the Council.12
19.
At the regional level, the Inter-American Commission on Human Rights and the
Inter-American Court of Human Rights were at the forefront of developing jurisprudence
on the right to truth of the victim, his or her next of kin, and the whole of society.
Regarding the collective nature of this right, the Commission observed that “every society
has the inalienable right to know the truth about past events, as well as the motives and
circumstances in which aberrant crimes came to be committed, in order to prevent
repetition of such acts in the future”. 13 In a more recent judgment, the Court framed the
right to truth in the form of a positive State obligation, stressing that “the next of kin of the
victims and society as a whole must be informed of everything that has happened in
connection with the said violations”.14 The African Commission on Human and Peoples’
Rights has recognized the right to truth as an aspect of the right to an effective remedy for a
violation of the African Charter on Human and Peoples’ Rights.15 In connection with gross
human rights violations committed in the context of countering terrorism, the European
9
10
11
12
13
14
15
Human Rights Council resolutions 12/12, para. 1; and 9/11, para. 1.
E/CN.4/2006/91; A/HRC/5/7, both documents with further references.
E.g. CAT/C/COL/CO/4 (2010), para. 27.
A/HRC/16/48, para. 39; A/HRC/22/52, paras. 23-26, 32-34; A/HRC/7/3/Add.3, para. 82;
A/HRC/14/23, para. 34.
Inter-American Commission on Human Rights (IACommHR), Annual Report, 1985-86, AS Doc. No.
OEA/Ser.L/V/II.68, Doc. 8 rev. 1 (26 September 1986), p. 193.
Inter-American Court of Human Rights (IACtHR), Myrna Mack Chang v. Guatemala, 25 November
2013 (Merits, Reparations and Costs), para. 274.
The Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa highlight
that the right to an effective remedy includes “access to the factual information concerning the
violations”. Principle C (b) (3).
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