The Commissioners of LLRC

Recommendations

Info

Updated Set of principles for the protection and promotion of human rights through action to combat impunity. United Nations 44 THE WAIT FOR JUSTICE Distr. GENERAL E/CN.4/2005/102/Add.1 8 February 2005 Original: ENGLISH COMMISSION ON HUMAN RIGHTS Sixty-first session Item 17 of the provisional agenda PROMOTION AND PROTECTION OF HUMAN RIGHTS Impunity Report of the independent expert to update the Set of principles to combat impunity, Diane Orentlicher* Addendum Updated Set of principles for the protection and promotion of human rights through action to combat impunity * The report was submitted after the deadline in order to take into account replies of all respondents as well as the results of the expert workshop held in November 2004. SYNOPTICAL TABLE OF THE UPDATED SET OF PRINCIPLES FOR THE PROTECTION AND PROMOTION OF HUMAN RIGHTS THROUGH ACTION TO COMBAT IMPUNITY Preamble Definitions I. COMBATING IMPUNITY: GENERAL OBLIGATIONS • Principle 1. General obligations of States to take effective action to combat impunity II. THE RIGHT TO KNOW A. General principles • Principle 2. The inalienable right to the truth • Principle 3. The duty to preserve memory • Principle 4. The victims’ right to know • Principle 5. Guarantees to give effect to the right to know B. Commissions of inquiry • Principle 6. The establishment and role of truth commissions • Principle 7. Guarantees of independence, impartiality and competence • Principle 8. Definition of a commission’s terms of reference • Principle 9. Guarantees for persons implicated • Principle 10. Guarantees for victims and witnesses testifying on their behalf • Principle 11. Adequate resources for commissions • Principle 12. Advisory functions of the commissions • Principle 13. Publicizing the commission’s reports C. Preservation of and access to archives bearing witness to violations • Principle 14. Measures for the preservation of archives • Principle 15. Measures for facilitating access to archives • Principle 16. Cooperation between archive departments and the courts and non-judicial
commissions of inquiry • Principle 17. Specific measures relating to archives containing names • Principle 18. Specific measures related to the restoration of or transition to democracy and/or peace III. THE RIGHT TO JUSTICE A. General principles • Principle 19. Duties of States with regard to the administration of justice B. Distribution of jurisdiction between national, foreign, international and internationalized courts • Principle 20. Jurisdiction of international and internationalized criminal tribunals • Principle 21. Measures for strengthening the effectiveness of international legal principles concerning universal and international jurisdiction C. Restrictions on rules of law justified by action to combat impunity • Principle 22. Nature of restrictive measures • Principle 23. Restrictions on prescription • Principle 24. Restrictions and other measures relating to amnesty • Principle 25. Restrictions on the right of asylum • Principle 26. Restrictions on extradition/non bis in idem • Principle 27. Restrictions on justifications related to due obedience, superior responsibility, and official status • Principle 28. Restrictions on the effects of legislation on disclosure or repentance • Principle 29. Restrictions on the jurisdiction of military courts • Principle 30. Restrictions on the principle of the irremovability of judges IV. THE RIGHT TO REPARATION/GUARANTEES OF NON-RECURRENCE A. The right to reparation • Principle 31. Rights and duties arising out of the obligation to make reparation • Principle 32. Reparation procedures • Principle 33. Publicizing reparation procedures • Principle 34. Scope of the right to reparation B. Guarantees of non-recurrence of violations • Principle 35. General principles • Principle 36. Reform of State institutions • Principle 37. Disbandment of parastatal armed forces/demobilization and social reintegration of children • Principle 38. Reform of laws and institutions contributing to impunity SET OF PRINCIPLES FOR THE PROTECTION AND PROMOTION OF HUMAN RIGHTS THROUGH ACTION TO COMBAT IMPUNITY Preamble Recalling the Preamble to the Universal Declaration of Human Rights, which recognizes that disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, Aware that there is an ever-present risk that such acts may again occur, Reaffirming the commitment made by Member States under Article 56 of the Charter of the United Nations to take joint and separate action, giving full importance to developing effective international cooperation for the achievement of the purposes set forth in Article 55 of the Charter concerning universal respect for, and observance of, human rights and fundamental freedoms for all, Considering that the duty of every State under international law to respect and to secure respect for human rights requires that effective measures should be taken to combat impunity, Aware that there can be no just and lasting reconciliation unless the need for justice is effectively satisfied, Equally aware that forgiveness, which may be an important element of reconciliation, implies, THE WAIT FOR JUSTICE 45
Page 1 and 2: Critical analysis of Lessons Learnt
Page 3 and 4: Executive Summary The end of 30 yea
Page 5 and 6: Introduction to Lessons Learnt and
Page 7 and 8: The LLRC Commissioners The Composit
Page 9 and 10: Commission for Asia and the Pacific
Page 11 and 12: LLRC: The Mandate and Its Interpret
Page 13 and 14: Truth Commissions “Truth commissi
Page 15 and 16: Involuntary Removal and Disappearan
Page 17 and 18: THE WAIT FOR JUSTICE 17
Page 19 and 20: present at the session. Their prese
Page 21 and 22: LLRC and Grievances During the LLRC
Page 23 and 24: A. It was dark in the night. We cou
Page 25 and 26: Information Technology (SLIIT) is m
Page 27 and 28: and collecting information. The ind
Page 29 and 30: elections were held in 2010 in a fr
Page 31 and 32: there is high criticism on this gro
Page 33 and 34: perpetration of heinous crimes and
Page 35 and 36: LLRC. One would understand question
Page 37 and 38: protection scheme in the country’
Page 39 and 40: a certain exacerbation which will n
Page 41 and 42: 27 Trinco DS http://www.llrc.lk/ind
Page 43: ANNEXES Interim Recommendations of
Page 47 and 48: I. COMBATING IMPUNITY: GENERAL OBLI
Page 49 and 50: (c) Investigations undertaken by a
Page 51 and 52: PRINCIPLE 17. SPECIFIC MEASURES REL
Page 53 and 54: judicial or other decision concerni
Page 55 and 56: PRINCIPLE 33. PUBLICIZING REPARATIO
Page 57 and 58: EXCERPTS FROM THE PROGRESS REPORT O

The Commissioners of LLRC

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?