A/HRC/RES/12/12
page 2
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 violations and serious
violations of international humanitarian law, as well as on issues related to the elaboration and
management of archive systems to guarantee the effective implementation of the right to the
truth,
Stressing that adequate steps to identify victims should also be taken in situations not
amounting to armed conflict, especially in cases of massive or systematic violations of human
rights,
Recalling the set of principles for the protection and promotion of human rights through
action to combat impunity (E/CN.4/Sub.2/1997/20/Rev.1, annex II) and taking note with
appreciation of the updated version of those principles (E/CN.4/2005/102/Add.1),
Noting that the Special Rapporteur on the independence of judges and lawyers has
recognized the right to the truth, its scope and implementation (E/CN.4/2006/52), and also that
the Human Rights Committee and the Working Group on Enforced or Involuntary
Disappearances (E/CN.4/1999/62) have recognized the right of the victims of gross violations of
human rights and the right of their relatives to the truth about the events that have taken place,
including the identification of the perpetrators of the facts that gave rise to such violations,
Acknowledging in cases of gross violations of human rights and serious violations of
international humanitarian law the need to study the interrelationship between the right to the
truth and the right to access to justice, the right to obtain effective remedy and reparation and
other relevant human rights,
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