Foreword Xi
Preface Xiii
Acknowledgments Xix
Abbreviations Xxi
Part I
1 Truth Commissions = 3
Introduction = 3
Section 1: Overview of Transitional Justice = 4
Section 2: Overview of Truth Commissions = 11
Section 3: Distinguishing Truth Commissions from Other Human Rights Investigations = 40
Section 4: Distinguishing Truth Commissions from Courts = 69
Conclusions = 87
2 Procedural Fairness = 88
Introduction = 88
Section 1: Relevant International Standards = 89
Section 2: Selected Domestic Models of Fairness = 108
Section 3: Toward a Conception of Procedural Fairness for Truth Commissions = 131
Conclusions = 154
Part Ii
3 Statement Taking = 159
Introduction = 159
Section 1: Publicity and Outreach = 162
Section 2: Accessibility = 168
Section 3: Information on Possible Consequences of Giving a Statement = 171
Section 4: Procedures for Taking and Recording Statements = 175
Section 5: Receipt and Preservation of Confidential and Anonymous Statements = 181
Section 6: Support and Referrals = 186
4 Subpoena Power = 188
Introduction = 188
Section 1: Procedure for Issuing and Serving Subpoenas = 191
Section 2: Subpoena Content and Scope = 193
Section 3: Enforcement Powers = 197
Section 4: Recipient Rights = 202
5 Search and Seizure Power = 205
Introduction = 205
Section 1: Procedure for Issuing Warrants = 208
Section 2: Scope of a Warrant = 212
Section 3: Procedure for Executing Warrants = 215
Section 4: Rights of The Subject of The Search = 219
6 Public Hearings = 222
Introduction = 222
Section 1: Selection and Preparation of Those Who Will Appear = 226
Section 2: Notification to Implicated Persons: Timing, Method, and Content = 230
Section 3: Nature and Scope of The Right of Reply = 235
Section 4: Oaths and Affirmations = 240
Section 5: Right to Legal Representation = 242
Section 6: Admissible Evidence = 245
Section 7: Privileges Based on Contexts and Relationships of Confidentiality = 248
Section 8: Use Immunity and The Privilege Against Self-incrimination = 251
Section 9: Protective Measures = 258
Section 10: Victim Emotional and Psychological Support = 265
7 Publication of Findings of Individual Responsibility = 268
Introduction = 268
Section 1: Types of Evidence = 276
Section 2: Standard of Proof = 280
Section 3: Notification of Intent to Name: Timing, Method, and Content = 284
Section 4: Nature and Scope of The Right of Reply = 288
Section 5: Investigation of Replies = 290
Section 6: Mode of Naming in a Final Report = 291
Section 7: Judicial Review = 298
Summary of Recommendations = 301
Statement Taking = 301
Subpoena Power = 304
Search and Seizure Power = 306
Public Hearings = 308
Publication of Findings of Individual Responsibility = 313
Appendix 1: Table of Truth Commissions = 317
Appendix 2: Primary Materials on Truth Commissions = 327
The Truth and Reconciliation Commission Act 2000 = 327
Sierra Leone
From Madness to Hope: The 12-year War in El Salvador Report of The Commission on The Truth for El Salvador (1993) [excerpts] = 339
Appendix 3: Primary Materials on Other Commissions of Inquiry = 353
Uk Inquiries Act (2005) [excerpts] = 353
Report of The International Commission of Inquiry on Darfur to The United Nations Secretary-general (2003) [excerpts] = 376
Index = 393
Preface Xiii
Acknowledgments Xix
Abbreviations Xxi
Part I
1 Truth Commissions = 3
Introduction = 3
Section 1: Overview of Transitional Justice = 4
Section 2: Overview of Truth Commissions = 11
Section 3: Distinguishing Truth Commissions from Other Human Rights Investigations = 40
Section 4: Distinguishing Truth Commissions from Courts = 69
Conclusions = 87
2 Procedural Fairness = 88
Introduction = 88
Section 1: Relevant International Standards = 89
Section 2: Selected Domestic Models of Fairness = 108
Section 3: Toward a Conception of Procedural Fairness for Truth Commissions = 131
Conclusions = 154
Part Ii
3 Statement Taking = 159
Introduction = 159
Section 1: Publicity and Outreach = 162
Section 2: Accessibility = 168
Section 3: Information on Possible Consequences of Giving a Statement = 171
Section 4: Procedures for Taking and Recording Statements = 175
Section 5: Receipt and Preservation of Confidential and Anonymous Statements = 181
Section 6: Support and Referrals = 186
4 Subpoena Power = 188
Introduction = 188
Section 1: Procedure for Issuing and Serving Subpoenas = 191
Section 2: Subpoena Content and Scope = 193
Section 3: Enforcement Powers = 197
Section 4: Recipient Rights = 202
5 Search and Seizure Power = 205
Introduction = 205
Section 1: Procedure for Issuing Warrants = 208
Section 2: Scope of a Warrant = 212
Section 3: Procedure for Executing Warrants = 215
Section 4: Rights of The Subject of The Search = 219
6 Public Hearings = 222
Introduction = 222
Section 1: Selection and Preparation of Those Who Will Appear = 226
Section 2: Notification to Implicated Persons: Timing, Method, and Content = 230
Section 3: Nature and Scope of The Right of Reply = 235
Section 4: Oaths and Affirmations = 240
Section 5: Right to Legal Representation = 242
Section 6: Admissible Evidence = 245
Section 7: Privileges Based on Contexts and Relationships of Confidentiality = 248
Section 8: Use Immunity and The Privilege Against Self-incrimination = 251
Section 9: Protective Measures = 258
Section 10: Victim Emotional and Psychological Support = 265
7 Publication of Findings of Individual Responsibility = 268
Introduction = 268
Section 1: Types of Evidence = 276
Section 2: Standard of Proof = 280
Section 3: Notification of Intent to Name: Timing, Method, and Content = 284
Section 4: Nature and Scope of The Right of Reply = 288
Section 5: Investigation of Replies = 290
Section 6: Mode of Naming in a Final Report = 291
Section 7: Judicial Review = 298
Summary of Recommendations = 301
Statement Taking = 301
Subpoena Power = 304
Search and Seizure Power = 306
Public Hearings = 308
Publication of Findings of Individual Responsibility = 313
Appendix 1: Table of Truth Commissions = 317
Appendix 2: Primary Materials on Truth Commissions = 327
The Truth and Reconciliation Commission Act 2000 = 327
Sierra Leone
From Madness to Hope: The 12-year War in El Salvador Report of The Commission on The Truth for El Salvador (1993) [excerpts] = 339
Appendix 3: Primary Materials on Other Commissions of Inquiry = 353
Uk Inquiries Act (2005) [excerpts] = 353
Report of The International Commission of Inquiry on Darfur to The United Nations Secretary-general (2003) [excerpts] = 376
Index = 393