In addition to the obligation to investigate and prosecute, states have an obligation to
provide victims with information about the investigation into the violations. Victims should
be entitled to seek and obtain information on the causes and conditions resulting to rights
violations against them.23 The former UN Commission on Human Rights adopted principles
that “irrespective of any legal proceedings, victims, their families and relatives have the
imprescriptible right to know the truth about the circumstances in which violations took
place.”24
Under the ICCPR, states also have an obligation “to ensure that any person whose rights or
freedoms as herein recognized are violated shall have an effective remedy.”25 The ICCPR
imposes on states the duty to ensure that any person shall have their right to an effective
remedy “determined by competent judicial, administrative or legislative authorities, or by
any other competent authority provided for by the legal system of the state, and to develop
the possibilities of judicial remedy.”26 The state is under a continuing obligation to provide
an effective remedy; there is no time limit on legal action and the right cannot be
compromised even during a state of emergency.27
23
Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of international
Human Rights Law and Serious Violations of International Humanitarian Law, March 21, 2006, adopted by the 60th session of
the United Nations General Assembly, A/RES/60/147, paras. 11(c) and 24.
24
Set of Principles for the Protection and Promotion of Human Rights Through Action to Combat Impunity, October 2, 1997,
adopted by the UN Commission on Human Rights, E/CN.4/Sub.2/1997/20/Rev.1, principle 3.
25
ICCPR, art. 2(3)(a).
26
ICCPR, art. 2 (3)(b). Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations
of International Human Rights Law and Serious Violations of International Humanitarian Law, March 21, 2006, adopted by the
60th session of the United Nations General Assembly, A/RES/60/147, principle II.3.(d): “The obligation to respect, ensure
respect for and implement international human rights law and international humanitarian law as provided for under the
respective bodies of law, includes, inter alia, the duty to: (d) Provide effective remedies to victims, including reparation, as
described below.”
27
Human Rights Committee, General Comment 29, States of Emergency (art. 4), U.N. Doc. CCPR/C/21/Rev.1/Add.11 (2001),
para. 14 (“Even if a State party, during a state of emergency, and to the extent that such measures are strictly required by the
exigencies of the situation, may introduce adjustments to the practical functioning of its procedures governing judicial or other
remedies, the State party must comply with the fundamental obligation, under article 2, paragraph 3, of the [ICCPR] to provide a
remedy that is effective.”).
23
Human Rights Watch | March 2011
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