The right to the truth of victims of a repressive regime in the international public law
The break-up with the repressive regime, and above all rehabilitation of the consequences for victims, includes determining the truth about the character, carriers and methods of systematic violation of basic human rights. Many international instruments, which deal with the problem of victi...
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| Main Author: | |
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| Format: | Article |
| Language: | English |
| Published: |
Victimology Society of Serbia and University of Belgrade, Faculty of Special Education and Rehabilitation
2016-01-01
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| Series: | Temida |
| Subjects: | |
| Online Access: | http://www.doiserbia.nb.rs/img/doi/1450-6637/2016/1450-66371604517S.pdf |
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| Summary: | The break-up with the repressive regime, and above all rehabilitation of the
consequences for victims, includes determining the truth about the character,
carriers and methods of systematic violation of basic human rights. Many
international instruments, which deal with the problem of victims of
repressive regimes and the state discontinuity with repressive governance,
proclaim the concept of the right to the truth. The paper deals with the
normative contents of the right to the truth and different aspects of this
concept that international courts recognize in relation to victims of
repressive regimes. The results of the analysis indicate that the concept of
the right to the truth sets before the states requirements to try to provide
institutional preconditions for individual and collective victims to find out
and access the truth, but that the case-law does not recognize as enforceable
any authorisation which stems from the right to the truth. Currently, the
right to the truth presents a principle that relates to realising some
internationally protected rights of a person, but there are indications that
it has been normatively shaping in order to become a legal principle of
transition. |
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| ISSN: | 1450-6637 2406-0941 |