A/HRC/12/50
23.
Invites relevant special procedures of the Council, as appropriate, in the
framework of their mandates, to continue to address the relevant aspects of transitional
justice in their work;
24.
Decides to continue its consideration of this matter at its eighteenth session,
or at the corresponding session in conformity with its annual programme of work.
30th meeting
1 October 2009
[Adopted without a vote. See part II, chap. III.]
12/12.
Right to the truth
The Human Rights Council,
Guided by the Charter of the United Nations, the Universal Declaration of Human
Rights, the International Covenant on Civil and Political Rights, the Geneva Conventions of
12 August 1949 and the Protocols Additional thereto of 1977, and other relevant
instruments of international human rights law and international humanitarian law, as well as
the Vienna Declaration and Programme of Action,
Recognizing the universality, indivisibility, interdependence and interrelatedness of
civil, political, economic, social and cultural rights,
Recalling article 32 of Additional Protocol I to the Geneva Conventions of 12
August 1949 relating to the Protection of Victims of International Armed Conflicts, which
recognizes the right of families to know the fate of their relatives,
Recalling also that article 33 of Additional Protocol I provides that the parties to an
armed conflict shall search for the persons who have been reported missing, as soon as
circumstances permit,
Recalling further the International Convention for the Protection of All Persons
from Enforced Disappearance, adopted by the General Assembly in its resolution 61/177 of
20 December 2006, in which article 24 (2) sets out the right of victims to know the truth
regarding the circumstances of the enforced disappearance, the progress and results of the
investigation and the fate of the disappeared person, and sets forth State party obligations to
take appropriate measures in this regard, and the preamble that reaffirms the right to
freedom to seek, receive and impart information to that end,
Taking into account Commission on Human Rights resolution 2005/66 of 20 April
2005, Council decision 2/105 of 27 November 2006 and resolution 9/11 of 18 September
2008 on the right to the truth,
Taking also into account Council resolution 10/26 of 27 March 2009 on forensic
genetics and human rights, in which the Council recognized the importance of the
utilization of forensic genetics to deal with the issue of impunity within the framework of
investigations related to gross human rights violations and serious violations of
international humanitarian law,
Acknowledging the reports of the Office of the United Nations High Commissioner
for Human Rights on the right to the truth (E/CN.4/2006/91, A/HRC/5/7) and its significant
conclusions related to the right to know the truth about gross violations of human rights and
serious violations of international humanitarian law,
Acknowledging also the report of the Office of the High Commissioner on the right
to the truth (A/HRC/12/19) and its conclusions regarding the importance of the protection
of witnesses within the framework of criminal procedures related to gross human rights
26
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