Commissioning justice
Truth commissions and criminal justice
19
and legislative reform.51 The 2002 Commission of Ghana could not pass evidence to
prosecution authorities because an absolute immunity from civil and criminal
proceedings had been granted to officials of past governments; in its final report, it
recommended that the amnesty be put to a referendum.52 When the 2003
Commission was established in Chile, the 1978 amnesty law was still officially in
force.53 The 2005 Commission in the Republic of Korea has the power to
recommend ‘immunity’ (i.e. exemption from punishment), in addition to mitigation
of punishment or pardon, for perpetrators who cooperate with its investigation;54
most of the crimes under its mandate, however, cannot be prosecuted because of
statutes of limitation (15 years under Korean law).
Just as the Commission may address the ‘right to
truth’ component of the struggle against impunity
better than the Special Court for Sierra Leone, the
contrary may be the case with respect to the
‘right to justice’ component.
Sierra Leone Truth and Reconciliation Commission, Witness to Truth: Report of the Sierra Leone Truth and Reconciliation
Commission, 2004, Vol. 1, p45, para80.
Three (3) other truth commissions were limited by their mandate or by the political
situation in the country. The 1991 Commission in El Salvador named alleged
perpetrators and affirmed that those responsible for the crimes it had investigated
should be punished; concerned about the shortcomings of the Salvadoran judicial
system, however, it did not provide evidence to national courts and stopped short of
recommending prosecutions.55 Despite its very limited mandate and powers, the
2003 Algerian Commission publicly attributed responsibility for more than 6,000
enforced disappearances to the Algerian security forces.56 The mandate of the 2004
Moroccan Commission was explicitly non-judicial and excluded the determination of
individual criminal responsibility;57 nonetheless, the Commission reminded victims
of human rights violations and their families of their right to file complaints before
civil and criminal courts and called for the dismissal of public officials alleged to
have committed serious human rights violations.58
Index: POL 30/004/2010
Amnesty International April 2010
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