4.3 Comparisons on the basis of freedom All the countries from the first analysis (n=58) were included for this comparison. As can be seen in Table 12, over half the countries were still rated as Not Free according to Freedom House. There were interesting differences between the groups, and countries rated as Free were more likely to have been militaryindividual. Only two African countries – Benin and Ghana – were in this group. Table 12: Type of regime Civil war Civilian-Individual Civilian-Institutional Military-Individual Military-Institutional Free (n=17) 0 12% 24% 35% 29% Partly Free (n=11) 0 9% 64% 27% 0 Not Free (n=30) 10% 19% 23% 26% 23% Of the Partly Free countries, civilian-institutional regimes were the most frequent forms of authoritarian rule, and only Mali and Uganda were in this group. There were 15 African countries in the Not Free group, and nearly half of these came from military governed regimes. Table 13: Type of Transition State creation Collapse Domestic Overthrow Emergence from Civil War Foreign Overthrow Negotiated regime-led Negotiated-Opposition-Led Free 12% 18% 12% 0 6% 35% 18% There were a range of differences between the three groups in respect of pre-transitional justice mechanisms, with the most pronounced being the universal use of Domestic Criminal Prosecutions and Truth Commissions in Partly Free countries. Amnesties were common in all three groups. Partly Free 9% 0 18% 0 9% 55% 9% Not Free 3% 10% 16% 10% 3% 36% 23% As for the type of transition, the only stand-out differences were that Partly Free countries had largely emerged from regimeled negotiations. Furthermore, Not Free countries seemed unlikely to emerge from a state created process, and more likely to have emerged from a collapse, with previous civil war like Guinea-Bissau, Liberia and Sierra Leone. Table 14: Pre-transition justice mechanisms Amnesty Truth Commission Domestic Criminal Prosecutions Civil Trials Foreign criminal prosecutions Reparations Vettings Free 88% 0 65% 0 0 6% 0 Partly Free 91% 36% 100% 9% 9% 0 18% Not Free 84% 3% 68% 0 10% 0 7% As for post-transitional justice mechanisms (Table 15), again there were few differences between the three groups, apart from Truth Commissions and Foreign Criminal Prosecutions being more frequent in countries rated as Free. But it is evident that, as with other comparisons, all justice mechanisms are more frequent in the post-transition period. 19

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