A/HRC/12/50
violations and serious violations of international humanitarian law, as well as on issues
related to the elaboration and management of archive systems to guarantee the effective
implementation of the right to the truth,
Stressing that adequate steps to identify victims should also be taken in situations
not amounting to armed conflict, especially in cases of massive or systematic violations of
human rights,
Recalling the set of principles for the protection and promotion of human rights
through action to combat impunity (E/CN.4/Sub.2/1997/20/Rev.1, annex II) and taking note
with appreciation of the updated version of those principles (E/CN.4/2005/102/Add.1),
Noting that the Special Rapporteur on the independence of judges and lawyers has
recognized the right to the truth, its scope and implementation (E/CN.4/2006/52), and also
that the Human Rights Committee and the Working Group on Enforced or Involuntary
Disappearances (E/CN.4/1999/62) have recognized the right of the victims of gross
violations of human rights and the right of their relatives to the truth about the events that
have taken place, including the identification of the perpetrators of the facts that gave rise
to such violations,
Acknowledging in cases of gross violations of human rights and serious violations of
international humanitarian law the need to study the interrelationship between the right to
the truth and the right to access to justice, the right to obtain effective remedy and
reparation and other relevant human rights,
Stressing the importance for the international community to endeavour to recognize
the right of victims of gross violations of human rights and serious violations of
international humanitarian law, and their families and society as a whole, to know the truth
regarding such violations, to the fullest extent practicable, in particular the identity of the
perpetrators, the causes and facts of such violations, and the circumstances under which
they occurred,
Stressing also that it is important for States to provide appropriate and effective
mechanisms for society as a whole and, in particular, for relatives of the victims, to know
the truth regarding gross violations of human rights and serious violations of international
humanitarian law,
Recalling that a specific right to the truth may be characterized differently in some
legal systems as the right to know or the right to be informed or freedom of information,
Emphasizing that the public and individuals are entitled to have access, to the fullest
extent practicable, to information regarding the actions and decision-making processes of
their Government, within the framework of each State’s domestic legal system,
Recognizing the importance of preserving historic memory related to gross human
rights violations and serious violations of international humanitarian law through the
conservation of archives and other documents related to those violations,
Convinced that States should preserve archives and other evidence concerning gross
violations of human rights and serious violations of international humanitarian law to
facilitate knowledge of such violations, to investigate allegations and to provide victims
with access to an effective remedy in accordance with international law,
1.
Recognizes the importance of respecting and ensuring the right to the truth so
as to contribute to ending impunity and to promote and protect human rights;
2.
Welcomes the establishment in several States of specific judicial mechanisms
and other non-judicial mechanisms, such as truth and reconciliation commissions, that
complement the justice system, to investigate violations of human rights and of
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