A/HRC/5/7
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I. ASPECTS, NATURE AND CONTENT OF THE RIGHT TO THE TRUTH
8.
The conclusions of the study on the right to the truth indicate that the right to the truth is
rooted in a series of resolutions adopted by the United Nations General Assembly during
the 1970s on the issue of disappeared persons. This right was subsequently given implicit
recognition in international humanitarian law, through article 32 of the Protocol Additional to the
Geneva Conventions of 12 August 1949, relating to the Protection of Victims of International
Armed Conflicts (Protocol I).
9.
The right to the truth subsequently featured as one of the three mainstays of action to
combat impunity, alongside the right to justice and the right to reparation.
10. In the same spirit, disclosure of the truth has been promoted as a form of reparation - or,
more precisely, of satisfaction - in the Basic Principles and Guidelines adopted by the
General Assembly in its resolution 60/147.
11. The study on the right to the truth recalls the contributions made by the jurisprudence of
regional human rights courts and the views adopted by the United Nations treaty monitoring
bodies, which have helped flesh out this right.
12. The adoption by the General Assembly, in its resolution 61/177, of the recent International
Convention for the Protection of All Persons from Enforced Disappearance marked an important
milestone in giving recognition to the right to the truth, an achievement welcomed by a number
of States in their responses to the note verbale. In article 24, paragraph 2, the Convention
enshrines the right of the victims of enforced disappearances to know the truth, while
paragraph 3 of the same article spells out the corresponding obligations of the State.
13. Following on from the study, certain States have reaffirmed the autonomy of the right to
the truth and its connections with other rights, including the right to information, the right to
justice, the right to reparation and the right to an identity. They have also given particular
attention to the purpose of the right to the truth, namely, to restore to the victims of manifest
violations of human rights their dignity and to ensure that such misdeeds do not recur.
14. Beyond this international recognition, some States, like Colombia, have incorporated the
right to the truth in their domestic legal system through legislative measures and through their
jurisprudence.1 In several judgements, the Colombian Constitutional Court has developed
jurisprudence recognizing the right of the victims of gross human rights violations to know the
truth and has reaffirmed that this right is conducive to the eradication of impunity.2 It has
1
Act 600 of 2000, or the Code of Criminal Procedure; Act 906 of 2004, or the new Code of
Criminal Procedure; and Act 975 of 2005, referred to as the Justice and Peace Act, and also
through the jurisprudence of the Constitutional Court.
2
Judgements T-249/03 of 20 January 2003; C-228/32 of 2 April 2002; C-580/02 of 2002; and
C-458/06 of 2006, among others.
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