Truth Commissions and Procedural Fairness

This book examines notions of procedural fairness applicable to truth commissions.

Mark Freeman (Author)

9780521615648, Cambridge University Press

Paperback, published 14 August 2006

422 pages, 1 table
23.2 x 15.8 x 2.5 cm, 0.597 kg

'The text offers a comprehensive overview of the commissions that have taken place thus far; the footnotes are extensive and provide the reader with a treasure trove of information. … The author's depth of knowledge is reflected in the diversity of the issues he highlights including some that might not have occurred to a non-expert … This book will be a useful addition to university libraries and to the collections of those engaged in research relating to transitional justice. It is well-researched, highly readable and contains a vast array of source material.' Australian Yearbook of International Law

This is the first law book devoted entirely to the subject of truth commissions. The book sets forth standards of procedural fairness aimed at protecting the rights of those who come into contact with truth commissions - primarily victims and their families, witnesses, and perpetrators. The aim of the book is to provide recommended criteria of procedural fairness for five possible components of a truth commission's mandate: the taking of statements, the use of subpoenas, the exercise of powers of search and seizure, the holding of victim-centered public hearings, and the publication of findings of individual responsibility in a final report (sometimes called the issue of 'naming names'). The book draws on the experience of past and present truth commissions, analogous national and multilateral investigative bodies, and international and comparative standards of procedural fairness.

Foreword
Acknowledgments
Preface
Abbreviations
Part I: 1. Truth commissions
2. Procedural fairness
Part II: 3. Statement-taking
4. Subpoena power
5. Search and seizure power
6. Public hearings
7. Publication of findings of individual responsibility
Summary of recommendations
Appendices
Index.

Subject Areas: Courts & procedure [LNAA], International human rights law [LBBR], United Nations & UN agencies [JPSN1], Comparative politics [JPB]