Table 5: Post-transition justice mechanisms
No.
%
Amnesties
44
74.6
Truth Commission
20
33.9
Domestic Criminal Prosecutions
53
89.8
7
11.9
Foreign criminal prosecutions
11
18.6
Reparations
14
23.7
Vettings
20
33.9
6
10.2
Civil Trials
Customary justice
It is immediately evident that all
forms of transitional justice
increase markedly in frequency
once a transition takes place, as can
be seen in Table 4. What is of
interest is the significant decline in
the frequency of amnesties,
supporting the view that amnesty is
the dominant mode of building the
infrastructure for a transition,
creating impunity for the excesses
of
authoritarian
governments
(Olsen, Payne & Reiter. 2010).
Table 6: Comparison of frequency of
transitional justice mechanisms
(Pre and Post-Transition)
PreTransition
Amnesties
Truth Commission
Domestic Criminal
Prosecutions
Civil Trials
Foreign criminal
prosecutions
Reparations
Vettings
PostTransition
86.4%
74.6%
8.5%
33.9%**
72.9%
89.8%*
1.7%
11.9%*
6.8%
1.7%
6.8%
18.6%*
23.7%**
33.9%**
There are significant increases in
the frequency of most of the other
transitional justice mechanisms.
Thus, and unsurprisingly, the
frequency of use of all transitional
justice mechanisms, amnesties and
foreign criminal prosecutions
apart, are significantly more
frequent in the post-transition
period.
In particular, the overall frequency of all transitional justice mechanisms in the post-transition
period was highly significant, statistically speaking, with these mechanisms doubling on
average.11 This is not a very surprising finding overall.
All of these countries were selected because they were formerly authoritarian regimes with
histories of gross human rights violations, and hence it is of direct interest to see whether they
have become democratic in the post-transition period. The question of whether the pretransitional justice processes were influential here is left for a later section.
Overall, there is not much that is surprising in these results, and they have been well
explained in previous research (Olsen, Payne & Reiter. 2010). It is unsurprising that there
would be greater frequency in the use of transitional justice mechanisms once an
authoritarian regime has been removed from power, but is also interesting in how these
regimes do disappear. In the post-1990 epoch, negotiations became the most frequent mode of
change, providing support for the Huntington thesis. The relationship between the type of
authoritarian regime and the type of transition were largely negatively significant, apart from
11
** Significant at 0.0001 level; ** Significant at 0.01 level; * Significant at 0.05 level.
15
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