A/HRC/27/56 mutually supporting, means to redress the legacies of mass violations, the measures help to achieve justice in the aftermath of repression and/or conflict. 19. The four elements share common goals: all of them are functionally designed to provide recognition to victims, foster trust among individuals and particularly in State institutions, strengthen the rule of law and promote social cohesion or reconciliation. The report therefore stresses that “transitional justice” is not a special, even less a “soft”, form of justice. It is rather a strategy for the achievement of a legally grounded understanding of justice. Consequently, the report underscores that there is no “shortcut” to social reconciliation, as reconciliation at a society level can only be reached in a sustainable manner through measures of truth, justice, reparation and guarantees of non-recurrence, among other reform policies. 20. Based on a comprehensive approach, the present report pursues the undertaking by the Special Rapporteur to devote a report to each of the four elements of the mandate to strengthen its foundations and offer practical guidance with respect to the resolution of abiding challenges in the implementation of the measures.2 21. Within the element of “justice”, the present report focuses on criminal prosecutions, which, in many ways, are the most developed element of the mandate. Prosecutions form part of all formal justice systems, so there is extensive practice, dense frameworks of law and jurisprudence at national, regional and international levels, in addition to conceptual discussions about what justice requires in this domain. 22. The contributions of criminal prosecutions to transitional processes are manifold. At the most general level, criminal prosecutions provide recognition to victims as rights holders. They also provide an opportunity for the legal system to establish its trustworthiness. Effective prosecutions, in systems that respect due process guarantees, strengthen the rule of law and finally, in doing all of the above, contribute to social reconciliation. 23. More concretely, criminal prosecutions in cases of serious violations, especially in contexts in which the law has been applied arbitrarily, offer the possibility of giving life to the principles of equality and the supremacy of law. No one, regardless of rank or status, is above the law. More practically, given the complexities of criminal trials for massive violations and abuses, prosecutions help to develop transferable skills, contributing to the overall capacity of domestic judicial systems. 24. Contexts in which gross violations of human rights and serious violations of international humanitarian law have occurred pose particular challenges. In practice, only a fraction of those who bear responsibility for violations are ever even investigated. Among the main reasons for this outcome are: the high number of suspected perpetrators, the relative scarcity of financial and human resources, capacity and will, in addition to the fact that in many transitions the predecessor regime or forces maintain a certain power. 25. The present report seeks to contribute to the fight against impunity. Given the significant constraints on prosecutions in the aftermath of mass violations, efforts should be directed at increasing their effectiveness. With this aim in mind, the report focuses on prosecutorial strategies and, more specifically, on prioritization strategies at the national level. 26. Prioritization strategies need to be clearly distinguished from strategies for the selection of cases. The question the report addresses is that of establishing a strategic order for the investigation and prosecution of violations and abuses. Selection strategies, by 2 A/HRC/24/42. 5

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