How can a truth commission fulfil the rights of victims of human rights violations? What powers, functions and resources are required for an effective truth commission? This paper from Amnesty International discusses the role of truth commissions in promoting human rights and provides guidelines for establishing an effective truth commission. It shows how truth commissions can fulfil the right of victims of human rights violations to truth, justice and reparation.
Truth commissions should clarify as far as possible the facts about past human rights violations. They should feed evidence into investigations and criminal judicial proceedings and formulate effective recommendations for providing full reparation to all the victims and their relatives. National authorities and international actors have a crucial role in facilitating the work of a truth commission, acting upon its findings and implementing its recommendations. They should ensure that a truth commission has all the necessary powers and resources to fulfil its objectives.
States have an obligation to respect, protect and fulfil the right of victims of human rights violations to truth, justice and reparation. This requires a comprehensive action plan to ensure that the truth is told, justice is done and reparation is provided to victims. Truth commissions have a role to play in such an action plan:
- Truth commissions provide a full account of past violations and abuses. They enable the state to fulfil its obligation to provide information on the circumstances of violations, the identity of perpetrators and the fate of victims.
- The role of truth commissions in clarifying the facts about human rights violations is complementary to the role of courts. Truth commissions cannot, however, be a substitute for judicial processes to establish individual criminal responsibility.
- The proper establishment and functioning of a truth commission acts as a form of reparation, in that it officially acknowledges and investigates human rights violations. Truth commissions also usually recommend reparation measures.
For a truth commission to be effective:
- Civil society should be fully involved in discussing the commission’s establishment, mandate and powers. Members of a truth commission should be selected on their competence, independence and impartiality and be representative of civil society.
- The commission’s mandate should be broad in terms of the types of violations to be investigated and period covered. It should cover violations committed by all actors. The commission should be given sufficient time to carry out its mandate.
- The commission should have the functions and powers needed for the realisation of its mandate. It should investigate evidence indicating individual criminal responsibility and forward it to prosecutors. It should not recommend amnesties.
- The work of the commission should be made public as far as possible. The procedure before the commission should be fair. The commission should take measures to assist and protect victims and witnesses.
- If the commission decides to compile a list of suspected perpetrators, it should decide in advance on clear criteria for doing so. Those on the list should have a right to respond. The list should be given to prosecution authorities on a confidential basis.
- The commission’s findings and recommendations should be officially proclaimed, published and disseminated. The commission should recommend a broad range of reparations for victims. A successor body should follow up the commission’s work.
© Amnesty International Publications, 1 Easton Street, London WC1X 0DW, United Kingdom. Adapted from the original.
