A/HRC/45/13/Add.3
from the competent State organs, through the investigation and prosecution established in
Articles 8 and 25 of the Convention.”
61.
The Inter-American Court stated in Serrano-Cruz Sisters v. El Salvador (paragraph
62): “The Court has reiterated that everyone, including the next of kin of victims of serious
human rights violations, has the right to know the truth. Consequently, the next of kin of
the victims, and society as a whole, must be informed of everything that happened in
relation to the said violations.”
62.
The Human Rights Committee in the case Mariam Sankara et al. v. Burkina Faso in
relation to the assassination of the President of Burkina Faso in 1987, the Human Rights
Committee indicated that the family had the right to know the circumstances conducive to
the violation.186 In the case Benaziza v. Algeria the Human Rights Committee implicitly
interlinked the right of victims to know the truth and receive factual information
surrounding the disappearances as part of a diligent investigation.187
63.
The Human Rights Committee stated in Bashasha v. Libyan Arab Jamahiriya
(paragraph 9): [T]he State party is under an obligation to provide the author with an
effective remedy. The Committee therefore urges the State party a) to conduct a thorough
and effective investigation into the disappearance and death of the author’s cousin; b) to
provide adequate information resulting from its investigation (…).
64.
In relation to truth commissions in Algeria, the Human Rights Committee pointed to
the fact that their reports were not publicly available by demanding the Algerian authorities
to publicize these.188 These concerns of the Human Rights Committee point to the fact that
these reports should be known by a wider audience than the victims of enforced
disappearances, namely by the society as a whole.
65.
The right to truth as part of an effective investigation is not commonly mentioned as
part of the European Court’s jurisprudence. However, it is often treated as part of the
procedural obligation under Article 2 ECHR in cases of gross human rights violations. In
order to satisfy this right criminal investigations must be conducted. In cases relating to
Russia, the European Court found that delays in the investigation hindered the effectiveness
of the investigation, as required by Article 2 ECHR and, therefore, negatively impacted
“the prospects of arriving at the truth.”189
66.
The European Court in Kurt v. Turkey (paragraph 175): “[G]iven [the fact] that the
authorities have not assisted the applicant in her search for the truth about the whereabouts
of her son, which has led it to find a breach of Articles 3 and 13 in her respect, the Court
considers that an award of compensation is also justified in her favour.”
67.
In Mexico, the “General Law on Victims” adopted on 9 January 2013 contains a
broad definition of the notion of victims and spells out all fundamental rights that shall be
guaranteed to them, including the right to know the truth (Articles 18 to 25), the right to the
localisation, identification and restitution of mortal remains (Article 21), the right to access
to justice (Article 117), and the right to reparation, including compensation, restitution,
rehabilitation, satisfaction and guarantees of non-repetition (Articles 26 to 78).190
68.
In Bolivia, the Commission of Truth established pursuant to Law No. 879 reiterated
the obligation of the State to an effective, diligent and exhaustive investigation into cases of
enforced disappearances, which is accompanied by the imprescriptible nature of the crime
and the prohibition of amnesties for enforced disappearances.191
69.
In Bosnia and Herzegovina, the “Law on Missing Persons,” provides for the legal
possibility for families of missing persons to initiate appeals if the relevant institutions fail
186
187
188
189
190
191
Human Rights Committee, Mariam Sankara et al. v. Burkina Faso, communication No. 1159/2003,
28 March 2006, para. 12.2.
Human Rights Committee, Benaziza v. Algeria, communication No. 1588/2007, 26 July 2010
para. 11; Human Rights Committee, Bashasha v. Libyan Arab Jamahiriya (see footnote 174) para. 9.
Human Rights Committee, Concluding observations Algeria, CCPR/C/DZA/CO/3, para. 10.
European Court of Human Rights, Bazorkina v. Russia (see footnote 144) para. 121.
Mexico, Ley General de Víctimas of 9 January 2013, Article 18–25.
Bolivia, Law No.879 of 23 December 2016.
33
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