Truth Commissions and Procedural FairnessThis is the first law book devoted entirely to the subject of truth commissions. The book sets forth standards of procedural fairness aimed at protecting the rights of those who come into contact with truth commissions - primarily victims and their families, witnesses, and perpetrators. The aim of the book is to provide recommended criteria of procedural fairness for five possible components of a truth commission's mandate: the taking of statements, the use of subpoenas, the exercise of powers of search and seizure, the holding of victim-centered public hearings, and the publication of findings of individual responsibility in a final report (sometimes called the issue of 'naming names'). The book draws on the experience of past and present truth commissions, analogous national and multilateral investigative bodies, and international and comparative standards of procedural fairness. |
Contents
Procedural Fairness | |
Relevant International Standards Section 2Selected DomesticModelsof Fairness Section 3 Toward a Conception of Procedural Fairness for Truth Com... | |
Subpoena Power | |
Search and SeizurePower | |
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administrative Africa allegations appear apply appointed appropriate authority basis bodies chapter civil commission’s commissions of inquiry committed Commonwealth compelled concerning conduct confidential considered countries Court crimes criminal Darfur deponents determine documents effective ensure established evidence examine example Executions fact fairness final report findings functions give Hayner human rights implicated important independent individual institutions interest inthe investigation issue judicial Justice limited mandate matter measures Minister named nature necessary notice objectives obligation offices ofthe onthe operation panel particular parties permitted perpetrators person possible practice present Principles prior privilege procedural proceedings protection provides public hearings questions reasonable recommendations Reconciliation Commission records reference relevant respect responsibility rule South staff standards statements subpoena testify testimony tothe Transitional trial tribunals Truth and Reconciliation truth commission United victims violations warrant witnesses