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Right to truth
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Right to truth
Right to truth is the right, in the case of grave violations of human rights, for the victims and their families or societies to have access to the truth of what happened. The right to truth is closely related to, but distinct from, the state obligation to investigate and prosecute serious state violations of human rights. Right to truth is a form of victims' rights; it is especially relevant to transitional justice in dealing with past abuses of human rights. In 2006, Yasmin Naqvi concluded that the right to truth "stands somewhere on the threshold of a legal norm and a narrative device ... somewhere above a good argument and somewhere below a clear legal rule".
The idea of a legal right to truth is distinct from the pre-existing understanding of the importance of establishing the truth about what happened in a case of human rights violation. In 1977, Protocol I to the Geneva Conventions enshrined a right for families of people killed in armed conflicts to find out what happened to their relatives. A 1993 conference at the Catholic Institute for International Relations addressed the right to truth. The right to truth has been recognized in international soft law instruments such as the United Nations Principles to Combat Impunity (2005) and UN General Assembly Resolution 60/147, as well as by the 2011 appointment of a United Nations Special Rapporteur on the Promotion of Truth, Justice, Reparation and Guarantees of non-Recurrence. In 2006, the United Nations Human Rights Commission determined that there was an "inalienable and autonomous right" to truth. The International Convention for the Protection of All Persons from Enforced Disappearance also guarantees victims of forced disappearance a right to know the circumstances of the disappearance, but it is not universally ratified.
According to Patricia Naftali, the right to truth remains elusive because it is a concept with different definitions (sometimes contradictory), which is deployed in support of a variety of human rights claims.
As a result of cases before international courts that find states in breach of human rights, states have been required to:
The first case that articulated a right to truth in international human rights jurisprudence was a forced disappearance case, Quinteros v. Uruguay (1983); the UN Human Rights Committee determined that, according to the International Covenant on Civil and Political Rights, the mother of the victim had "the right to know what has happened to her daughter. In these respects, she too is a victim of the violations of the Covenant suffered by her daughter in particular, of article 7 [ICCPR]". In Saadoun v. Algeria (2003), regarding a man who was forcibly disappeared during the Algerian Civil War, the Committee determined that failure to investigate gave rise to a new violation of the ICCPR. In this case, Algeria had proclaimed an amnesty for crimes committed during the "national tragedy".
Case law of the Inter-American Court of Human Rights has tended towards an autonomous right to truth. Because of right to truth, the IACHR has invalidated agreements that grant amnesty to human rights violators, as in Barrios Altos v. Perú (2001). In 1985, six years before Guatemala accepted the jurisdiction of the IACHR, American journalist Nicholas Blake disappeared. In Blake v. Guatemala (1998), the IACHR determined that Guatemalan efforts to obstruct his family's search for the truth constituted inhuman treatment contrary to the American Convention on Human Rights.
The IACHR has often repeated its opinion:
the right to the truth is subsumed in the right of the victim or his next of kin to obtain clarification of the facts relating to the violations and the corresponding responsibilities from the competent State organs, through the investigation and prosecution established in Articles 8 and 25 of the Convention.
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Right to truth
Right to truth is the right, in the case of grave violations of human rights, for the victims and their families or societies to have access to the truth of what happened. The right to truth is closely related to, but distinct from, the state obligation to investigate and prosecute serious state violations of human rights. Right to truth is a form of victims' rights; it is especially relevant to transitional justice in dealing with past abuses of human rights. In 2006, Yasmin Naqvi concluded that the right to truth "stands somewhere on the threshold of a legal norm and a narrative device ... somewhere above a good argument and somewhere below a clear legal rule".
The idea of a legal right to truth is distinct from the pre-existing understanding of the importance of establishing the truth about what happened in a case of human rights violation. In 1977, Protocol I to the Geneva Conventions enshrined a right for families of people killed in armed conflicts to find out what happened to their relatives. A 1993 conference at the Catholic Institute for International Relations addressed the right to truth. The right to truth has been recognized in international soft law instruments such as the United Nations Principles to Combat Impunity (2005) and UN General Assembly Resolution 60/147, as well as by the 2011 appointment of a United Nations Special Rapporteur on the Promotion of Truth, Justice, Reparation and Guarantees of non-Recurrence. In 2006, the United Nations Human Rights Commission determined that there was an "inalienable and autonomous right" to truth. The International Convention for the Protection of All Persons from Enforced Disappearance also guarantees victims of forced disappearance a right to know the circumstances of the disappearance, but it is not universally ratified.
According to Patricia Naftali, the right to truth remains elusive because it is a concept with different definitions (sometimes contradictory), which is deployed in support of a variety of human rights claims.
As a result of cases before international courts that find states in breach of human rights, states have been required to:
The first case that articulated a right to truth in international human rights jurisprudence was a forced disappearance case, Quinteros v. Uruguay (1983); the UN Human Rights Committee determined that, according to the International Covenant on Civil and Political Rights, the mother of the victim had "the right to know what has happened to her daughter. In these respects, she too is a victim of the violations of the Covenant suffered by her daughter in particular, of article 7 [ICCPR]". In Saadoun v. Algeria (2003), regarding a man who was forcibly disappeared during the Algerian Civil War, the Committee determined that failure to investigate gave rise to a new violation of the ICCPR. In this case, Algeria had proclaimed an amnesty for crimes committed during the "national tragedy".
Case law of the Inter-American Court of Human Rights has tended towards an autonomous right to truth. Because of right to truth, the IACHR has invalidated agreements that grant amnesty to human rights violators, as in Barrios Altos v. Perú (2001). In 1985, six years before Guatemala accepted the jurisdiction of the IACHR, American journalist Nicholas Blake disappeared. In Blake v. Guatemala (1998), the IACHR determined that Guatemalan efforts to obstruct his family's search for the truth constituted inhuman treatment contrary to the American Convention on Human Rights.
The IACHR has often repeated its opinion:
the right to the truth is subsumed in the right of the victim or his next of kin to obtain clarification of the facts relating to the violations and the corresponding responsibilities from the competent State organs, through the investigation and prosecution established in Articles 8 and 25 of the Convention.
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