Commissioning justice Truth commissions and criminal justice 13 humanitarian law. Even though these amnesties were granted in exchange for public confessions by the perpetrators, they generally -- and correctly so in the Commission’s opinion-- have been considered unacceptable in international law. They have also been widely considered a violation of the accepted United Nations position that there should be no amnesty for genocide, war crimes and crimes against humanity.4 In December 2006 the UN Committee against Torture stated about South Africa: While noting with appreciation the remarkable work of the Truth and Reconciliation Commission and its role in the peaceful transition in the State party, the Committee notes that de facto impunity persists regarding persons responsible for acts of torture during apartheid… The State party should consider bringing to justice persons responsible for the institutionalization of torture as an instrument of oppression to perpetuate apartheid.5 The terms of reference of the 2001 Commission of Grenada gave it the power “to recommend indemnity to various persons who give what is considered to be truthful evidence at the inquiry”.6 The Commission considered that any power to grant amnesty would conflict with the constitutional powers of prosecution authorities and determined that its powers were limited to recommending that particular witnesses should be favourably considered for amnesty or exemption from prosecution.7 The 2004 Commission of Indonesia was given the power to receive confessions and apologies about human rights violations and recommend amnesty to the President.8 In December 2006 the Constitutional Court of Indonesia declared that the Commission’s statute violated the 1945 Constitution.9 The Commission was never appointed. BOX 1: THE INDONESIA-TIMOR LESTE COMMISSION OF TRUTH AND FRIENDSHIP In October 2005, Timor-Leste and Indonesia agreed to create a joint Commission of Truth and Friendship (CTF) to investigate the events around the 1999 referendum in Timor-Leste.10 The CTF had the power to ‘recommend amnesty for those involved in human rights violations who cooperate fully in revealing the truth’.11 The United Nations refused to cooperate with the Commission because the terms of reference of CTF to hold out the possibility of amnesty being recommended for [serious violations of international law, including crimes against humanity, war crimes and other serious crimes] is inconsistent with the requirement of international law.12 Index: POL 30/004/2010 Amnesty International April 2010