A/HRC/17/21
The files relating to security services personnel need to be verified, and, in the context of
lustration, judges should verify the records. The Updated principles provide, in that regard,
that a person who believes that the archives include false information about him or her must
be able to challenge the validity of this information, and a corrective statement must be
preserved by the archives and made available any time the original file is used (principle
17).
19.
The issue of ethics training for archives staff was also raised by the experts. It was
stated that during a transitional process, ethics training for archives staff might be required
to ensure preservation and access. Archives often inherit staff members who are used to a
different context for their work and who will need to look at archival processes in a new
way, taking into account the need to protect records relating to human rights violations and
to serve the public. In that regard, guidelines for private entities with an interest in archives
and who do not usually know how to handle them professionally would be helpful to ensure
the protection of and access to archives during transitions.
IV.
Using archives to hold perpetrators accountable through
criminal prosecutions
20.
The use of archives for prosecutions of persons allegedly responsible for human
rights violations was one of the themes discussed during the seminar. A relevant example
from Guatemala was presented regarding the functioning of the General Archives of
Central America, the Historic Archives of the National Police and the Peace Archives,
which cooperate to support prosecutions. The Historic Archives of the National Police
(established in 2005) has made digital copies of more than 11.5 million records. In a recent
successful prosecution of a case of enforced disappearance, the prosecutor used more than
600 documents from those archives. The Peace Archives (established in 2008) is making
digital copies of documents related to the armed conflict that it obtains from various
Government organizations and that can be made public. The police archives, the Peace
Archives and the public prosecutor are discussing a formal agreement on the process of
access to the archives.
21.
Examples of the use of archives in the former Yugoslavia were also discussed,
drawn in particular from the work of the International Criminal Tribunal for the Former
Yugoslavia which, for instance, obtained documents from Serbian institutions for use as
evidence. Now the Tribunal records form important archives on human rights violations,
and the items that have been used in public prosecutions are available through the
Tribunal’s Internet site. A second example was drawn from the Humanitarian Law Centre,
which has taken over 10,000 witness statements, and scanned them as well as an additional
20,000 documents and photos, all of which are now in a searchable database.
22.
It was stated that preserving the archives of the International Criminal Tribunal for
the Former Yugoslavia and ensuring that they were accessible throughout the region of the
former Yugoslavia was a key component of the Tribunal’s legacy strategy. A number of
steps have been already taken to make the judicial records accessible, including the
establishment of an outreach office; the creation of a public website, the Court Records
database and the Appeals Chamber Case Law Research Tool; translations of material into
Bosnian/Croatian/Serbian and Albanian; the creation of digital copies of audio-visual
records of proceedings; and an amendment of a procedural rule to allow regional
prosecutors to petition for access to information at the Tribunal. The Tribunal trains persons
in using Tribunal documents. Following Security Council resolution 1966 (2010), the
Tribunal developed the Information Centre Project aimed at ensuring the future security of
and access to the Tribunal’s records, and it is consulting with countries of the former
Yugoslavia on the possible establishment of information centres in the region.
6
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