A/HRC/17/21
23.
The participants discussed access to records by defence counsel. Military and police
defendants might have access to military and security files, several participants reported.
24.
Another relevant example from the Argentinean NGO Memoria Abierta was shared,
with respect to documenting human rights violations for use in criminal processes,
including taking oral testimony from survivors and using blueprints of destroyed buildings,
witness statements, and reconstructions based on memory to demonstrate that buildings
used as secret detention centres did exist, even if now demolished. Memoria Abierta assists
attorneys in using its database and the archives.
25.
The participants discussed the challenges associated with using military or police
archives to achieve accountability. One of the challenges identified in the seminar was the
access to documents from security forces, even in a democratic State. While there might be
justified restrictions on access to information, in some instances access was restricted
because of the improper classification of acts as criminal. It was equally stated that when
access was not granted, other sources could be used for prosecutions, such as military
hospital documents and pension fund records, for example.
26.
Regarding what should constitute a good archives law, the ICA model law was
suggested as containing relevant elements that should be included.
27.
On the use of archives in vetting processes, the example of the 1992 Ad Hoc
Commission in El Salvador was presented. This Commission had a mandate to review all
officials of the armed forces in relation to their involvement in violations and their
commitment to peace. Another example was drawn from the law governing the Ministry for
State Security (Stasi) archives, which specifies that agents or collaborators can access their
own file in order to give them a chance to respond. This is particularly important when the
names of agents or collaborators are disclosed because of the possibility that the
collaboration took place under torture or coercion.
V.
Using archives in non-judicial truth-seeking mechanisms
28.
Challenges associated with the use and preservation of the archives of the truth
commission in Timor-Leste were presented. There were no archives in Timor-Leste when
the commission started its work. It also faced technical issues, such as lack of equipment,
inadequate climate control, and power failures that led to the loss of databases. The political
instability in 2006 illustrated the need for security. The Parliament is considering
establishing an institute of memory, which would include the records of the truth
commission and its follow-up activities. A number of other archival initiatives have been
launched, and 11 State and NGO archives now exist. Documents relating to human rights
violations in 1999 are held by both the Prosecutor in Timor-Leste and the United Nations,
and evidence collected by the Timor-Leste/Indonesia Truth and Friendship Commission is
held in the Timor-Leste consulate in Bali, Indonesia. A number of suggestions on how to
address the challenges facing archives in Timor-Leste were made, including promoting the
importance of archives, coordinating work between existing archives, training, and
developing legislation on archives. Additionally, the development of archives should be
part of the agenda of United Nations field operations.
29.
With regard to the work of the National Commission on Truth and Reconciliation,
the National Commission on Political Imprisonment and Torture and reparations initiatives
in Chile, it was noted that the archives established by human rights groups during the
dictatorship formed the primary documentation available to the truth and reconciliation
commission. The National Commission on Political Imprisonment and Torture was not
given access to the records of the previous commissions. In 2007, Chile created the
Museum of Memory and Human Rights to preserve the heritage of human rights bodies and
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