A/HRC/5/7
page 14
73. In its concluding observations regarding the reports submitted by States parties under
article 40 of the International Covenant on Civil and Political Rights, the Human Rights
Committee has expressed support for the creation of mechanisms to give effect to the right to the
truth. In one case, the Committee expressed regret at a State party’s “failure to adopt an
appropriate law on the establishment of a Committee for Truth and Reconciliation, as well as of
other initiatives to promote reconciliation” and suggested that the State party should “intensify
its efforts to adopt a systematic approach to re-establishing mutual trust between different ethnic
groups and accounting for past human rights abuses”.6 In another case,7 it suggested that a State
party should act swiftly to implement the recommendations of the “national dialogue” on the
establishment of a truth and reconciliation commission.
74. The Committee has also frequently reminded States parties that, in the event of violations
of human rights and of international law, they are under an obligation to investigate the
violations and to bring the perpetrators to justice.8 The Committee has, for example,
recommended that the competent authority should ensure that the relatives of disappeared and
abducted persons have access to information about the fate of the victims, as well as to adequate
compensation.9
75. In another case, which illustrates the relationship between the right to the truth and other
rights, the Committee asked the State party to consider other methods of accountability for
human rights crimes committed under the military dictatorship, including disqualifying
gross human rights violators from relevant public office and establishing justice and truth inquiry
processes. The Committee expressed the view that the State party should make public all
documents relevant to human rights abuses, including the documents currently withheld pursuant
to a presidential decree.10
76. Moreover, in early 2006, the Office of the High Commissioner for Human Rights
published a series of five “rule-of-law tools” designed to ensure long-term, sustainable
institutional capacity to respond to the demands of justice in periods of transition. These tools
outline the basic principles involved in: mapping the justice sector, prosecution initiatives, truth
commissions and vetting and monitoring legal systems. A new series dealing with subjects such
as reparation and the legacy of international tribunals is to be published shortly. Other topics
are being considered, in particular, national consultations on the implementation of transitional
justice mechanisms, amnesties and mainstreaming the gender perspective in the transitional
justice process.
6
See document CCPR/C/BIH/CO/1.
7
See document CCPR/C/CAF/CO/2.
8
See, for example, CCPR/C/UNK/CO/1, CCPR/C/CAF/CO/2 and CCPR/C/HND/CO/1.
9
CCPR/C/UNK/CO/1.
10
CCPR/C/BRA/CO/2.
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