A/HRC/5/7
page 16
79. Finally, the Inter-American Court stresses that, while the establishment of truth
commissions is an important means of seeking and establishing the truth, the “historical truth”
which commissions establish “does not substitute the State’s obligation to also establish the truth
through judicial proceedings”.15
C. Mercosur
80. In the framework of Mercosur (the Common Market of the Southern Cone), the question of
the right to truth was discussed at the sixth meeting of Mercosur high-level human-rights
authorities and foreign ministries (5 and 6 December 2006). After that meeting, the States
members of Mercosur and of the “Somos Mercosur” programme adopted a declaration, at the
Mercosur Social Summit held on 14 December 2006, highlighting “the importance of
guaranteeing the right to truth and to memory”.
V. CONCLUSIONS AND RECOMMENDATIONS
81. The right to know the truth about gross human rights violations and serious
violations of humanitarian law is recognized in some international treaties and
instruments, in the national legislation of several countries, in national, regional and
international jurisprudence and by many international and regional intergovernmental
organizations.
82. The right to the truth presupposes the disclosure of the whole and complete truth
about the events that occurred, the specific circumstances attending them and the
individuals involved, including the circumstances in which the violations were committed
and the reasons for their commission.
83. While the right to the truth is an individual right of victims and their families, it also
has a collective and a societal dimension. At that level, the right to the truth is closely
linked to the rule of law and the principles of transparency, accountability and good
governance in a democratic society. Together with justice, memory and reparation, it
constitutes one of the mainstays of action to combat impunity for grave human rights
violations and breaches of international humanitarian law.
84. The question of the right to the truth is a complex one, because this right is closely
linked to several obligations of States, particularly those of protecting and guaranteeing
human rights, effectively investigating gross human rights violations and serious violations
of humanitarian law and guaranteeing adequate remedies and reparation for victims and
their families.
85. Although the right to the truth is an autonomous right, it is closely linked to other
human rights such as the right to an effective remedy; the right to the protection of the law
and the courts; the right to a family life; the right to an effective investigation; the right to
a hearing by a competent, independent and impartial tribunal; the right to obtain
15
Judgement of 29 November 2006, La Cantura v. Peru.
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