A/HRC/5/7
page 3
Introduction
1.
Pursuant to resolution 2005/66 of the Human Rights Commission, the Office of the
United Nations High Commissioner for Human Rights submitted a study on the right to truth,
contained in document E/CN.4/2006/91, surveying and analysing different aspects of this law: its
legal and historical basis, its material scope, its holders, its nature and content, its relationship
with other rights and the institutional and procedural mechanisms for its implementation.
2.
The study concludes that the right to the truth about gross human rights violations and
serious violations of human rights law is an inalienable and autonomous right, linked to the duty
and obligation of the State to protect and guarantee human rights, to conduct effective
investigations and to guarantee effective remedy and reparations. The study also stresses that this
right is closely linked with other rights and has both an individual and a societal dimension and
should be considered as a non-derogable right and not be subject to limitations.
3.
The study affirms in its conclusions that the right to the truth implies knowing the full and
complete truth as to the events that transpired, their specific circumstances, and who participated
in them, including knowing the circumstances in which the violations took place, as well as the
reasons for them (E/CN.4/2006/91, para. 59). From the conceptual viewpoint, this right therefore
occupies a central and fundamental position in action to combat impunity and in the quest for
justice.
4.
The present report is principally organized around examples drawn from the responses sent
to the Office of the High Commissioner by a number of States and non-governmental
organizations.
5.
For the purposes of its analysis, the report draws on such existing instruments as the Basic
Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross
Violations of International Human Rights Law and Serious Violations of International
Humanitarian Law (resolution 60/147, annex - hereinunder referred to as “the Basic Principles
and Guidelines”) and 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 - hereinunder referred to as
“the set of principles”) and uses them as points of reference.
6.
On 6 December 2006, the Office of the High Commissioner sent a verbal note to all States
and requested information from various intergovernmental and non-governmental organizations,
in compliance with Human Rights Council decision 2/105, on measures adopted to give effect to
the right to the truth. The present report has been drawn up on the basis of the comments sent in
by 16 countries: Argentina, Brazil, Chile, Colombia, Costa Rica, Cuba, Cyprus, Finland, Ireland,
Israel, Mexico, Morocco, Paraguay, Philippines, Serbia and Switzerland. Responses were also
received from three non-governmental organizations: the International Federation of Human
Rights Leagues (FIDH), the Argentine Centre for Legal and Social Studies (CELS) and the
International Commission of Jurists (ICJ). The report presents a summary of the information
provided.
7.
The Office of the High Commissioner expresses its appreciation to the States and
organizations which have contributed to the preparation of the present report.
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