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25. Many truth commissions have had difficulty obtaining military records; a few have been
able to use declassified documents obtained from other countries that shed light on military
activities. A commission may obtain security-classified documents from the Government, but
have difficulty getting them declassified for publication in the commission’s report.
D. Preserving the records of transitional justice institutions
26. The records of a transitional justice institution must be managed competently while the
institution is active. Then, when the institution completes its work, its records need to be
appraised and the portion judged to be permanently valuable should be transferred directly to an
archive.
27. Transitional justice institutions may be international or national. The national institutions
may be a special part of an existing institution (court, prosecutor) or wholly new ad hoc bodies
(vetting committees, truth commissions, reparation panels). Most of them will be Government
institutions, with the exception of court monitoring projects and some truth commissions, such as
the truth commission sponsored by the Catholic Church in Guatemala.
28. It is important to distinguish between national records and records of ad hoc international
bodies. While there are obvious local interests in both types of records, the responsibility for
preserving the records of, for example, a national truth commission is clearly national, while the
responsibility for preserving the records of a body established under the United Nations is clearly
the responsibility of the United Nations. In this regard, it is worth mentioning the work of the
Advisory Committee on the Archives of the United Nations ad hoc Tribunals for the former
Yugoslavia and Rwanda, which was commissioned to draft a study on the future of the archives
of both the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the
International Criminal Tribunal for Rwanda (ICTR). The study included an independent analysis
on how best to ensure future accessibility to the archives, protect their security and preservation,
as well as assess possible locations. A final decision regarding the archives of both ad hoc
tribunals will be taken by the Security Council.
29. The records of the national courts that prosecute post-conflict cases should be considered
part of the records of the larger justice sector, including the records of the prosecutors and
investigators, the prisons and detention centres, and the police. These are records that belong in
the Government’s archives system, even if the court was a temporary one set up to hear special
cases, or the prosecutor was appointed only to undertake post-conflict prosecutions.
30. The records of the unique transitional bodies - vetting panels, reparations commissions,
truth commissions - are not part of the regular records system of the Government, yet they create
vital records for the nation and its history. These bodies, hearing testimonies, may develop
statistical profiles, write reports, adjudicate, grant compensation, and create an entire range of
modern archival materials. The records they create are administrative and investigative, case files
and reports, published and unpublished, paper and electronic and audio-visual, databases and
radio broadcasts.
31. Of the 20 truth commissions whose work was completed by 2005, the records
of 3 commissions are in the custody of the United Nations archives, 3 are controlled by the
country’s national archives, 11 are in various locations, governmental and non-governmental,
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