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.
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