A/HRC/16/48
“Each victim has the right to know the truth regarding the circumstances of
the enforced disappearance, the progress and results of the investigation and
the fate of the disappeared person. Each State Party shall take appropriate
measures in this regard.”
The existence of the right to the truth as an autonomous right was
acknowledged by the Working Group on Enforced or Involuntary Disappearances
(WGEID) in its very first report (E/CN.4/1435, 22 January 1981, § 187). It has also
been recognized by various other international bodies at the universal and regional
levels (for relevant case law, see in particular the “Study on the right to the truth”,
report of the UN Office of the High Commissioner for Human Rights,
E/CN.4/2006/91, 8 February 2006); by intergovernmental bodies, including the
Human Rights Commission and now the Human Rights Council (see resolutions
2005/66 of 20 April 2005 of the Commission; decision 2/105, 27 November 2006;
resolution 9/11, 18 September 2008; and 12/12, 1 October 2009 of the Council).
The existence of the right to the truth in international law is accepted by State
practice consisting in both jurisprudential precedent and by the establishment of
various truth seeking mechanisms in the period following serious human rights
crises, dictatorships or armed conflicts (see the “Study on the right to the truth”, op.
cit.). Those mechanisms include the launching of criminal investigations and the
creation of “truth commissions” designed to shed light on past violations and,
generally, to facilitate reconciliation between different groups.
The right to the truth is both a collective and an individual right. Each victim
has the right to know the truth about violations that affected him or her, but the truth
also has to be told at the level of society as a “vital safeguard against the recurrence
of violations”, as stated in Principle 2 of the Set of principles for the protection and
promotion of human rights through action to combat impunity
(E/CN.4/2005/102/Add.1)
Principle 3 of this document specifies that the State has a correlative “duty to
preserve memory”:
“A people’s knowledge of the history of its oppression is part of its heritage
and, as such, must be ensured by appropriate measures in fulfilment of the
State’s duty to preserve archives and other evidence concerning violations of
human rights and humanitarian law and to facilitate knowledge of those
violations. Such measures shall be aimed at preserving the collective memory
from extinction and, in particular, at guarding against the development of
revisionist and negationist arguments.”
Principle 4 establishes the “victim’s right to know” as an individual right:
“Irrespective of any legal proceedings, victims and their families have the
imprescriptible right to know the truth about the circumstances in which
violations took place and, in the event of death or disappearance, the victims’
fate.”
The Working Group has often recommended that States adopt measures to
promote truth, reparations for victims and reconciliation in their societies, as a
means of implementing the right to the truth and the right to integral reparation for
victims of enforced disappearances. Based on its experience, the Working Group has
acknowledged that such processes are often crucial to ensure non-repetition of
enforced disappearances as well as to clarify cases, by uncovering the truth of the
fate or the whereabouts of disappeared persons. However, the Working Group has
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