A/HRC/5/7
page 9
D. Right to information
39. One of the most decisive ways of ensuring the right to the truth is still the right to
information. On this subject, Israel mentions its Freedom of Information Law of 1998, which
establishes the right to information, in part by giving all citizens and residents the right to obtain
information from the public authorities whether or not they have any personal interest in the
information requested, and without having to justify their request. The Act also applies to people
who are neither citizens nor residents. Exceptions are permitted in certain specific situations
which include matters of public safety and questions of privacy. Refusal to satisfy the right to
information can be appealed before the national courts, and the burden of proof lies with the
public authorities, which must explain and justify their refusal.
III. INSTITUTIONAL MECHANISMS AND MEASURES
PROMOTING THE RIGHT TO THE TRUTH
A. Truth commissions and machinery to follow up on their recommendations
40. It is becoming more and more commonplace for countries emerging from civil war or
authoritarian regimes to set up a truth commission to operate during the immediate transition
period. Such commissions - officially approved temporary, non-judicial investigative bodies - are
given a period of time for collecting testimony, holding inquiries, mounting investigations and
holding public hearings before publishing the final report. The work of a truth commission may
be used in support of any subsequent prosecutions.
41. In their submissions to the Office of the High Commissioner, several countries report on
commissions of this type, such as the Equity and Reconciliation Commission in Morocco and the
truth and reconciliation commissions in Serbia, Chile and Paraguay.
42. Giving effect to the recommendations of truth commissions is a major challenge. Once the
commissions have submitted their final reports, other bodies must carry out their
recommendations. The follow-up mechanism may take the form of an official watchdog
committee or a standing public authority responsible for putting the recommendations into effect.
43. In Morocco, for example, the Consultative Council on Human Rights was given the
mandate of following upon the recommendations of the Equity and Reconciliation Commission.
44. Chile set up various mechanisms to follow up on the report of the Truth and Reconciliation
Commission, notably the National Reparation and Reconciliation Corporation (Act No. 19123),
reporting to the Ministry of the Interior, in 1992. Then in 1996 it instituted a programme of
investigations to establish the fate of missing detainees and people whose deaths had been
legally recognized but whose bodies had never been found.
B. Commissions of inquiry
45. As the set of principles emphasizes, measures to guarantee the right to the truth may
include “non-judicial processes that complement the role of the judiciary. Societies that have
experienced heinous crimes perpetrated on a massive or systematic basis may benefit in
particular from the creation of a truth commission or other commission of inquiry to establish the
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