Commissioning justice
Truth commissions and criminal justice
17
Commission directly filed at least one criminal complaint with Bolivian prosecution
authorities.21 The 1983 Commission in Argentina was able to hand over 1,086 files
to the courts,22 resulting in the trial of nine former members of military juntas. The
1985 Commission in Uruguay collected information involving 64 suspected
perpetrators and transmitted thousands of pages to the authorities.23 The 1986
Commission in Uganda transferred 27 case files to prosecution authorities.24 The
1990 Commission in Chile passed new evidence to the courts and submitted a
confidential list of alleged perpetrators to the President.25 The 1995 Haiti
Commission submitted a confidential list of alleged perpetrators to the government,
urging it to consider establishing a special national tribunal for serious human
rights violations; it also called on other states to investigate and prosecute crimes
against humanity committed in Haiti on the basis of universal jurisdiction.26
The work of the three regional Commissions of Inquiry into the Involuntary Removal
or Disappearance of Persons, established in Sri Lanka in 1994, led to the
successful prosecution of at least four cases.27 The role of the 1996 Commission in
Ecuador was to “help the action of the judiciary”: it had to investigate the
complaints received and submit evidence to the relevant authorities.28 The 1999
Commission of Nigeria forwarded cases to prosecution authorities and
recommended that action be taken on them; information on cases that were already
being prosecuted was forwarded to the Attorney General.29 The 2000 Commission in
the Republic of Korea investigated 85 cases, condemned impunity and
recommended further investigations and prosecutions; it also recommended lifting
statutes of limitations for crimes against humanity and ratifying the Rome Statute
of the International Criminal Court.30 The 2001 Commission in Panama had to
transmit to prosecution authorities any evidence of crimes; prosecutions were
started on some of the 110 cases documented.31
The 2001 Commission of Peru set up a Special Investigations Unit to gather
criminal cases for prosecution and concluded a formal agreement with the Public
Prosecutor’s Office, which would provide a legal framework for the transfer of fully
documented cases to the courts.32 In its final report, the Commission recommended
that criminal investigations be opened within 30 days.33 The Commission
established in Timor Leste in 2001 had to refer “serious criminal offences”
(including genocide, crimes against humanity, war crimes and torture) to the Office
of the General Prosecutor for Serious Crimes.34 In Paraguay, the 2003 Commission
recommended several cases for prosecutions.35 The 2004 Commission in the DRC
established that it would refer all cases of war crimes, crimes against humanity and
genocide to national prosecution authorities, informing the International Criminal
Court.36 The 2005 Commission of Liberia recommended the establishment of an
Extraordinary Criminal Tribunal for Liberia to try serious human rights violations and
economic crimes; it also recommended all UN member states, especially those with
universal jurisdiction legislation, to assist Liberia in prosecuting crimes under
international law.37 The 2007 Commission in Ecuador is mandated to ‘stop
impunity’ by, inter alia, transferring evidence of criminal, civil or administrative
responsibility to the relevant authorities.38 The 2008 Commission in Kenya is
required to make recommendations for prosecutions in its final report.39
Index: POL 30/004/2010
Amnesty International April 2010
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