A/HRC/5/7
page 17
reparation; the right not to be subjected to torture or ill-treatment; and the right to seek
and to impart information. As indicated in many communications which States and
non-governmental organizations have submitted to the Office of the High Commissioner
for Human Rights, the right to the truth is a fundamental right which States must
guarantee fully and effectively.
86. Because it is linked to other fundamental rights and to the fundamental obligations of
States, particularly the obligation to combat impunity, the right to the truth is an
inalienable and inderogable right. Amnesties and similar measures and restrictions on the
right to seek information must not be used to limit, nullify or impair the right to the truth.
87. The right to the truth, as is clear from the communications received, is evolving
steadily. In recent years, national laws and other measures have been adopted. In many
countries, international and regional human rights organizations and courts and national
courts have developed a significant body of jurisprudence on the right to the truth, its
essence and scope, thereby helping to flesh out the meaning of the right. New international
legal instruments, which deal with the question of the right to the truth, have been adopted
in recent years. Many aspects and dimensions of the right to the truth require further
analysis, however.
88. The right to the truth touches on many questions. For example, as many States and
non-governmental organizations have acknowledged, the right to the truth is closely
related to the question of historical memory and the duty of both the State and society to
preserve that memory. The societal dimension of the right to the truth, which is linked to
the question of historical memory, raises specific issues that would repay a closer study,
including the question of records and of the historical memory.
89. With regard to the workings of criminal justice, many communications stress the
vital role of criminal proceedings in upholding the right to the truth. The role of victims
and their families in criminal proceedings, the relevant international standards and
national and international practices should be analysed in detail.
90. With regard to institutional means and mechanisms for guaranteeing, safeguarding
and implementing the right to the truth, the national experiences of which the Office of the
United Nations High Commissioner for Human Rights has been apprised point to a diverse
range of modalities. International criminal courts, truth commissions, investigation
commissions, national criminal courts, national human rights institutions and other bodies
and administrative procedures, means of recourse such as habeas corpus and habeas data
and historical records can be important means of guaranteeing the right to truth. When it
comes to guaranteeing and implementing the right to truth, however, experiences differ
and results are uneven. These institutional means and mechanisms should be analysed
more fully.
91. The above-mentioned aspects - records, the historical memory, the role of victims and
their families in criminal proceedings and institutional means and mechanisms - should be
studied and analysed in greater detail in order not only to draw lessons from them but also
to elaborate recommendations and standards to better protect and guarantee the right to
the truth.
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