including those of restoring and maintaining peace (because
by exposing the truth, societies are able to prevent the
recurrence of similar events), facilitating reconciliation
processes (because knowing the truth has been deemed
essential to heal rifts in communities), contributing to the
eradication of impunity (because knowing the truth about who
was responsible for violations leads to accountability),
reconstructing national identities (by unifying countries
through dialogue about a shared history), and setting down a
historical record (because the ‘‘truth’’ of what happened can
be debated openly and vigorously in court, adding credibility
to the evidence accepted in a criminal judgment).
[…]
It could also be contended that the right to the truth underlies
the very process of criminal indictment by ensuring proper
investigation of crimes and transparency in the form of
habeas corpus procedures in the detention of individuals by
the state, as well as by requiring public access to official
documents. Where judgments have been made, the
satisfaction of the right to the truth may arguably form part
of reparations to victims. 4
“The right to the truth has emerged as a legal concept in various
jurisdictions and in many guises. Its origins may be traced to the
right under international humanitarian law of families to know the
fate of their relatives, recognized by Articles 32 and 33 of the 1977
Additional Protocol I to the Geneva Conventions of 1949, as well
as obligations incumbent on parties to armed conflicts to search for
persons who have been reported missing.” 5
“Enforced disappearances of persons and other egregious human
rights violations during periods of extreme, state- sponsored mass
violence, particularly in various countries of Latin America but also
4
Taken from: Yasmin Naqvi, “The right to the truth in international law: fact
Red Cross, June 2006, Original Version No. 862, pg. 3-4.
review.icrc.org/sites/default/files/irrc_862_2.pdf
5
Taken from: Yasmin Naqvi, “The right to the truth in international law: fact
Red
Cross,
June
2006,
Original
Version
No.
862,
pg.
5
review.icrc.org/sites/default/files/irrc_862_2.pdf
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