Truth Commissions and Procedural Fairness

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Cambridge University Press, 14 aug. 2006 - 400 pagini
This 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.

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Cuprins

PART
3
Procedural Fairness
88
Statement Taking
159
Publicity and Outreach
162
Accessibility
168
Information on Possible Consequences of Giving a Statement
171
Procedures for Taking and Recording Statements
175
Receipt and Preservation of Confidential and Anonymous Statements
181
Public Hearings
222
Selection and Preparation of Those Who Will Appear
226
Notification to Implicated Persons Timing Method and Content
230
Nature and Scope of the Right of Reply
235
Oaths and Affirmations
240
Right to Legal Representation
242
Admissible Evidence
245
Privileges Based on Contexts and Relationships of Confidentiality
248

Support and Referrals
186
Subpoena Power
188
Procedure for Issuing and Serving Subpoenas
191
Subpoena Content and Scope
193
Enforcement Powers
197
Recipient Rights
202
Search and Seizure Power
205
Procedure for Issuing Warrants
208
Scope of a Warrant
212
Procedure for Executing Warrants
215
Rights of the Subject of the Search
219
Use Immunity and the Privilege against SelfIncrimination
251
Protective Measures
258
Victim Emotional and Psychological Support
265
Publication of Findings of Individual Responsibility
268
Summary of Recommendations
301
Table of Truth Commissions
317
Primary Materials on Truth Commissions
327
Primary Materials on Other Commissions of Inquiry
353
Index
393
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Despre autor (2006)

Mark Freeman is a lawyer and independent consultant on human rights issues affecting states in democratic and post-conflict transition. In the past year he has conducted missions to South Africa, Morocco, Sri Lanka, Colombia, the Democratic Republic of Congo and Kenya. He recently co-authored International Human Rights Law (2004) and is currently a visiting professor at the University of Ottawa Law Faculty. He has published extensively on a variety of human rights topics in leading law and policy journals. He is former Senior Associate at the International Center for Transitional Justice.

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