A/HRC/12/19
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staff enables them to gain confidence in their ability to handle difficult access problems, and as
each succeeding body of precedent is deposited, the staff’s expertise increases. Finally, it is less
expensive to manage a single national archive than to operate several institutions.
14. Some experts suggested taking sensitive records out of the country for at least temporary
preservation in a secure repository. The usual arguments are that the external institutions have
the experience, resources and technical expertise to help with preservation, organization,
database development, electronic scanning and electronic access. Except in extreme cases, this
course of action is inappropriate in a post-conflict period. Rather than strengthening the capacity
of archival institutions inside the country, it enhances the holdings of an institution outside. Even
an offer to leave a copy or copies of the electronic version in the country provides very little
assistance to the development of an archival system sufficient to handle the ongoing needs of the
nation.
15. Taking original records out of the country is an entirely separate issue from depositing a
secure copy of records in an external location. Archivists strongly recommend duplicating
sensitive materials and storing the duplicate copy in secondary storage, whether in a different
location in the same country or in another country. For electronic records and audio-visual
records, the institution providing the secondary storage should take responsibility for the
preservation of the items entrusted to its care. Electronic records need to be refreshed,
periodically recopied, and moved to new electronic platforms as technology advances.
C. Using records in transitional justice processes
16. While archival institutions are being reformed and archival processes are under way, the
needs of transitional justice institutions for archives are likely to become most crucial. All
transitional justice processes require documents; indeed, the use of records is a cross-cutting
issue for these institutions.
17. While some records may be useful for several transitional justice processes, in most cases
the records required for a vetting programme are different from those required for a restitution
process and both are different from those required for prosecutions, truth commissions, or court
monitoring programmes.
18. The first step in using records for a transitional justice process is to understand how the
repressive State worked. Then there is a need to understand three aspects about each entity
whose records it is planned to use: its structure, the functions it performed, and the records
created as it carried out its functions. This is true whether the records are of a Government
department, or an opposition group, or a paramilitary body. Understanding the structure and
functions helps to judge the probable authenticity and reliability of documents that may be used
as evidence. If the records of the organization concerned are already in an archive, the archival
description of the records may provide the basic information about the structure and functions of
the entity.
Prosecution and the right to justice
19. The demand for justice under the rule of law is met through prosecutions (with associated
witness protection programmes) and protected through trial monitoring initiatives. Prosecutions
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