Truth Commissions and Procedural Fairness

Description

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.

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 (Irwin Law Canada, 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.

"The volume is a very welcome contribution for experts from international organizations, NGOs and governments working in the field. Its insights and suggestions are also relevant for quasi-judicial and nonjudicial human rights investigations." - Dr. Wolfgang S. Heinz, German Institute for Human Rights "Freeman makes a valuable and long-overdue contribution to the existing literature on truth commissions and this book represents the first attempt to lay down fair procedures for their operation. It moves away from the romanticized considerations of the contribution of truth commissions in transitional states and provides a refreshingly practical evaluation of their work...this book will indeed become a valuable research and consultation tool for those involved in designing and operating future truth commissions." Mark Freeman, Human Rights Law Review