A/HRC/36/50/Add.1
violation,39 the fate and whereabouts of the victim40 and, where appropriate, the process by
which the alleged violation was officially authorized. 41 The right to truth should be
understood to require States to establish institutions, mechanisms and procedures
authorized to seek information about disputed events.
2.
Truth commissions
53.
One of the institutions that has risen to prominence in transitional justice processes
is the truth commission. Successful truth commissions can give voice to victims, foster
general social integration, help to set reform priorities and provide important information
for other transitional justice measures.
54.
There are contextual factors that make truth commissions an apt choice in postauthoritarian transitions: truth is a proper foil to the mantle of secrecy and denial under
which authoritarian regimes exercise their power; the task of finding the truth is made
feasible by the highly asymmetric use of violence, with the State being responsible for the
majority of violations; and truth is also a reachable goal, a feasible first step towards a more
comprehensive remedy, even in circumstances in which predecessor regimes maintain some
capacity to destabilize the transition process.
55.
In other contexts, including the post-conflict ones, truth commissions may still make
important contributions to accountability, but their adequacy should be carefully assessed.
The Special Rapporteur has devoted a report to truth commissions. 42 One point worth
reiterating is that despite misconceptions since the South African Truth and Reconciliation
Commission, there is no intrinsic connection between truth commissions and amnesties. In
Argentina, the National Commission on the Disappearance of Persons was required to hand
its information to prosecutors; in Chile, President Aylwin forwarded the report of the Truth
and Reconciliation Commission to prosecuting authorities; and in South Africa, those
denied amnesty by the Truth and Reconciliation Commission could be prosecuted. The
Peruvian Truth and Reconciliation Commission was required to prepare cases for
prosecution. The truth commissions in East Timor and Sierra Leone did not short circuit the
possibility of moving cases to the criminal justice system, at least not by design. Countries
need not choose between truth or justice.
56.
Unofficial, civil society-led truth commissions have also made contributions to
truth-seeking, with a notable example being the Catholic Church-led Recovery of Historical
Memory Project in Guatemala (1998), which positively influenced the later, United
Nations-sponsored Commission for Historical Clarification.
3.
Other truth-seeking tools
57.
As important as truth commissions have been, it would be a mistake to see them as
the only tool for truth-seeking. In the case of the post-communist transitions, opening of the
intelligence services’ archives was a critical means of exposing the truth. In Germany, the
1991 Stasi Records Act allowed controlled access to the Stasi archives. Archives remain
highly relevant in other contexts as well, and their preservation in the face of intentional
destruction or neglect is critical to a full accounting of the past. In Guatemala, police
archives relating to its armed conflict were found decaying in an abandoned warehouse in
2005 in Guatemala City; since then, the documents have been digitized and have
contributed to the prosecution of human rights cases.
58.
International commissions of inquiry and fact-finding missions are another method
for truth-seeking. There have been more than fifty such efforts supported or undertaken by
different organs of the United Nations in every region of the world. Their purpose is to
39
40
41
42
12
See E/CN.4/2006/91, para. 38.
A/HRC/16/48, pp. 12-17.
General Assembly resolution 60/147, annex, para. 24; and Myrna Mack Chang v. Guatemala, 25
November 2013, Inter-American Court of Human Rights, para. 274.
A/HRC/24/42.
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