quate compensation to the family, and the victim if he/she is still alive. In their case law, both the HRCt and the African Commission have also indicated general remedies to prevent similar violations in the future.233 A more detailed analysis of remedies in the context of ED will be provided below, under the “Reparation” heading. pened to her daughter”, and that, due to the high level of “anguish and stress” caused by the disappearance and ongoing uncertainty, she too was a victim of the violation suffered by her daughter, in particular of article 7 of the ICCPR.237 Since its first report in 1981, the WGEID has acknowledged the right to truth as an autonomous right. 238 The Inter-American Commission of Human Rights also contributed greatly to developing a doctrine on this right.239 The right to truth was gradually extended from the context of ED to other serious human rights violations, such as torture and extra-judicial executions, in the case law and resolutions of various bodies at the international and regional levels. 240 Right to truth The African human rights jurisprudence is scarce on the right to truth. The Commission’s “Principles and Guidelines on the Rights to a Fair Trial and Legal Assistance in Africa” provides for the right to truth as part of the right to an effective remedy by a competent national tribunal which includes access to the factual information concerning the violations.234 In its “Principles and Guidelines on Human and Peoples’ Rights while Countering Terrorism in Africa”, the Commission provides for an expansive definition of the right to truth and the duties of States to ensure that individuals receive information on the violations. In particular, it states that everyone shall have the freedom to seek, receive, use and impart information.235 In 2006, Article 24(2) of the ICPPED enshrined the right to truth for the first time in an internationally binding treaty: “Each victim has the right to know the truth regarding the circumstances of the enforced disappearance, the progress and results of the investigation and the fate of the disappeared person. Each State Party shall take appropriate measures in this regard.” The Commission has also expressly linked Article 9 of the African Charter, the right to free expression to the right to truth, and has stressed that, “States shall not withhold information regarding gross violations of human rights or serious violations of international humanitarian law, including crimes under international law, and systematic or widespread violations of the rights to life, personal liberty, and security.”236 In its General Comment on the right to truth, the WGEID defined it as “the right to know about the progress and results of an investigation, the fate or the whereabouts of the disappeared persons, and the circumstances of the disappearances, and the identity of the perpetrator(s)”.241 The right to truth in relation to ED is an absolute right and no legitimate aim or exceptional circumstances can be invoked by the State to restrict it.242 This absolute nature results from the continuing nature of ED and from the fact that the “anguish and sorrow” caused by an ED amounts to torture.243 The HRCt case law has, however, contributed to defining the scope of the right to truth. In the case of Quinteros v. Uruguay, in 1983, the HRCt found that the applicant had “the right to know what has hap- 233 See for instance HRC, El Boathi v Algeria, Communication No. 2259/2013, 16 May 2017, para. 9; ACHPR, Institute for Human Rights and Development in Africa and Others v Democratic Republic of Congo, Communication 393/10, 18 June 2016, para. 154.v. 234 ACHPR, Principles and Guidelines on the Right to Fair Trial and Legal Assistance in Africa, 2003, para. (b)(iii) of Part C. 235 ACHPR, Principles and Guidelines on Human and Peoples’ Rights while Countering Terrorism in Africa, Part 12(A), Right of Access to Information and the right of truth. The Principles emphasise that, “States shall not withhold information regarding gross violations of human rights or serious violations of international humanitarian law, including crimes under international law, and systematic or widespread violations of the rights to life, personal liberty, and security” and “State authorities shall not withhold information for the purpose of precluding accountability of States or individuals, or to preclude victims from securing a remedy to gross human rights violations or serious violations of international humanitarian law”. 236 Ibid, p. 37. 237 HRCt, Quinteros v Uruguay, Communication No 107/1981), 21 July 1983, para. 14. 238 Report of the WGEID, Question of Human Rights of all persons subjected to any form of Detention or Imprisonment, E/CN.4/1435, 26 January 1981, para. 187. 239 OHCHR, Study on the right to the truth, Report of the Office of the United Nations High Commissioner for Human Rights, E/CN.4/2006/91, 8 February 2006, para. 8. 240 See case law at OHCHR, Study on the right to the truth, supra note 239; HRCt, Right to the truth, Res. 2005/66 of 20 April 2005. 241 Report of the WGEID, General Comment on the right to truth, A/HRC/16/48, 26 January 2011, para. 3. 242 Ibid, para. 4. 243 Declaration, 5th Preambular Paragraph and Paragraph 1(2). 36