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
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