A/HRC/4/84
page 4
I. INTRODUCTION
1.
The present report is submitted pursuant to Human Rights Council decision 2/102
of 6 October 2006, requesting the High Commissioner for Human Rights to “continue with the
fulfilment of her activities, in accordance with all previous decisions adopted by the Commission
on Human Rights and to update the relevant reports and studies”.
2.
The updated Set of Principles for the protection and promotion of human rights through
action to combat impunity (E/CN.4/2005/102/Add.1) affirms the need for a comprehensive
approach towards combating impunity, including undertaking investigations and prosecutions of
those suspected of criminal responsibility, ensuring effective remedies and reparations to
victims, ensuring the inalienable right to know the truth about violations, and taking other
necessary steps to prevent a recurrence of violations. The Commission on Human Rights, in its
resolution 2005/81 on impunity, inter alia, encouraged “States, intergovernmental organizations
and non-governmental organizations to consider the recommendations and best practices
identified in the independent study on impunity (E/CN.4/2004/88) as well as the updated Set of
Principles, as appropriate, in developing and implementing effective measures to combat
impunity, including efforts ... in the design of judicial mechanisms and truth and reconciliation
commissions and other commissions of inquiry” (para. 21).
3.
The resolution also requested the Secretary-General, inter alia, to report on the latest
developments in international law and practice relevant to combating impunity, including
international jurisprudence and State practice, and the work of the High Commissioner for
Human Rights and other parts of the United Nations system.
4.
The independent study on impunity, undertaken by Diane Orentlicher, identified best
practices and recommendations to assist States in strengthening their domestic capacity to
combat all aspects of impunity. The study noted, inter alia, that since its submission to the
Commission in 1997, the Set of Principles for the protection and promotion of human rights
through action to combat impunity has played an influential role in strengthening domestic
efforts to combat impunity and received strong affirmation in decisions by international criminal
tribunals and human rights treaty bodies. Furthermore, the study found that recent experience
reinforced a central premise of the Set of Principles that an effective programme for combating
impunity requires a comprehensive strategy and that another factor behind a successful
programme is the broad participation of citizens, including victims, in deliberations about their
design. Another recurring theme was that domestic efforts to combat impunity have been
significantly enhanced by States’ adherence to human rights treaties and their acceptance of
optional complaint procedures.
5.
Subsequently, and pursuant to Commission resolution 2004/72, the Set of Principles has
been updated (E/CN.4/2005/102/Add.1) to reflect developments in substantive international law
and major institutional developments, such as the emergence of courts comprising both national
and international elements. Furthermore, some revisions reflected developments in State
practice that have provided valuable insights concerning effective strategies for combating
impunity, such as affirming the central importance of promoting the broad participation of
victims and other citizens in the design and implementation of programmes for combating
impunity. Additional revisions reflected the cumulative experience of States, the
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