A/HRC/39/53 A. Fight against impunity and the establishment of trust as overarching objectives 31. At the outset, the Special Rapporteur will follow up on the study of two overarching issues that are integral components of transitional justice processes: the fight against impunity and re-establishment of civic trust. One of the problems that most affect victims of repression and/or conflict and that usually produces re-victimization is the impunity of those who have perpetrated or masterminded massive or systematic violations of human rights or international humanitarian law. Justice systems are often weak or non-operational in the aftermath of mass violations, which obstructs any chance of accountability or the realization of the right to justice for past abuses. Efforts should be made to increase the effectiveness of justice procedures. The Special Rapporteur is aware that the concept of justice, however, should be understood as being broader than mere criminal justice, although naturally it must include it. 32. Impunity also arises from the failure of States to provide victims with effective remedies and reparation, to ensure the right to know the truth about violations endured, and to adopt measures to prevent the recurrence of violations. In underscoring the need for a comprehensive approach to fighting impunity, where each component plays a necessary role in restoring accountability, the Special Rapporteur will examine the normative framework and the different models and mechanisms possible to combat impunity in order to identify good practices and lessons learned from the experience of different States. 33. Part of this comprehensive approach also necessarily entails the central role and broad participation of victims and other citizens, in particular women and minorities, in the design and implementation of programmes for fighting impunity. In all transitional contexts, civil society, including victims’ organizations, have played a crucial role in the fight against impunity. The mandate holder will consider existing practices and assess the extent to which their positive and necessary role has been ensured and facilitated by the State. 34. Fighting impunity and ensuring that violations are acknowledged and addressed by State institutions provides a measure of recognition to victims and helps to establish trust among members of society. The role of trust-building in transitional justice processes will also be a continuing focus of the work of the mandate holder. 35. Conflict and the rule of authoritarian regimes often lead to the disintegration of social trust both vertically, between the State and its people, and horizontally, between individuals and communities. This phenomenon creates a negative feedback loop and becomes both a condition and a consequence of the continuation of violence, as described by the previous mandate holder. The measures underpinning the four elements of the mandate seek to contribute to vertical and horizontal trust-building. The Human Rights Council, in its resolution 18/7, in which it created the mandate, stressed its expectation that the comprehensive implementation of the four measures would contribute to the restoration of confidence in the institutions of the State and promote the rule of law. 36. Trust should not be understood as mere normative or procedural predictability. Instead, trusting an institution amounts to assuming that its constitutive rules, values and norms are shared by its members or participants and are regarded by them as binding (A/68/345, para. 39). Trust, therefore, rests on the expectation of commitment by all actors to action on the basis of shared norms. 37. On the conceptual basis described above, the Special Rapporteur will explore practical experiences and good practices in re-stablishing trust in State institutions, with emphasis in such areas as the vetting of judicial or security institutions and the interlinkages of the forward-looking trust element, with symbolic and material reparation measures for victims and apologies from State institutions. 6

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