Right to truth is the right, in the case of grave violations of

human rights Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...

, for the victims and their families or societies to have access to the truth of what happened. The right to truth is closely related to, but distinct from, the state obligation to investigate and prosecute serious state violations of human rights. Right to truth is a form of

victims' rights Victims' rights are legal rights afforded to victims of crime. These may include the right to restitution, the right to a victims' advocate, the right not to be excluded from criminal justice proceedings, and the right to speak at criminal just ...

; it is especially relevant to transitional justice in dealing with past abuses of human rights. In 2006, Yasmin Naqvi concluded that the right to truth "stands somewhere on the threshold of a legal norm and a narrative device ... somewhere above a good argument and somewhere below a clear legal rule".

Origins

The idea of a legal right to truth is distinct from the pre-existing understanding of the importance of establishing the truth about what happened in a case of human rights violation. In 1977,

Protocol I Protocol I (sometimes referred to as Additional Protocol I or AP 1) is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of ''international conflicts'', extending to "armed conflicts in which peoples are ...

to the

Geneva Conventions upright=1.15, Original document in single pages, 1864 The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conven ...

enshrined a right for families of people killed in armed conflicts to find out what happened to their relatives. A 1993 conference at the

Catholic Institute for International Relations Progressio (1940–2017) was an international development charity that enabled poor communities to solve their own problems by support from skilled workers. The organisation attempted to influence decisionmakers, secular and religious alike, to su ...

addressed the right to truth. The right to truth has been recognized in international

soft law The term ''soft law'' refers to quasi-legal instruments (like recommendations or guidelines) which do not have any legally binding force, or whose binding force is somewhat weaker than the binding force of traditional law. Soft law is often contras ...

instruments such as the United Nations Principles to Combat Impunity (2005) and UN General Assembly Resolution 60/147, as well as by the 2011 appointment of a United Nations Special Rapporteur on the Promotion of Truth, Justice, Reparation and Guarantees of non-Recurrence. In 2006, the

United Nations Human Rights Commission The United Nations Commission on Human Rights (UNCHR) was a functional commission within the overall framework of the United Nations from 1946 until it was replaced by the United Nations Human Rights Council in 2006. It was a subsidiary body of t ...

determined that there was an "inalienable and autonomous right" to truth. The

International Convention for the Protection of All Persons from Enforced Disappearance The International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) is an international human rights instrument of the United Nations intended to prevent forced disappearance, which, as defined in international law ...

also guarantees victims of

forced disappearance An enforced disappearance (or forced disappearance) is the secret abduction or imprisonment of a person by a state or political organization, or by a third party with the authorization, support, or acquiescence of a state or political organiza ...

a right to know the circumstances of the disappearance, but it is not universally ratified. According to Patricia Naftali, the right to truth remains elusive because it is a concept with different definitions (sometimes contradictory), which is deployed in support of a variety of human rights claims.

Cases

As a result of cases before international courts that find states in breach of human rights, states have been required to: #Conduct effective investigations and prosecute the responsible individuals #Reveal information regarding

missing person A missing person is a person who has disappeared and whose status as alive or dead cannot be confirmed as their location and condition are unknown. A person may go missing through a voluntary disappearance, or else due to an accident, crime, de ...

s #Publicly apologize and acknowledge the violation of human rights #Publish the court judgement #Compensate victims #Reimburse court costs of claimants #Improve security to allow the return of

displaced persons Forced displacement (also forced migration) is an involuntary or coerced movement of a person or people away from their home or home region. The UNHCR defines 'forced displacement' as follows: displaced "as a result of persecution, conflict, g ...

#Take steps to avert re-occurrence of the violation #Change national laws #Institute measures to improve compliance with international human rights instruments #Construct memorials to commemorate the human rights violation

United Nations Human Rights Committee

The first case that articulated a right to truth in international human rights jurisprudence was a forced disappearance case, '' Quinteros v. Uruguay'' (1983); the UN Human Rights Committee determined that, according to the

International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedo ...

, the mother of the victim had "the right to know what has happened to her daughter. In these respects, she too is a victim of the violations of the Covenant suffered by her daughter in particular, of article 7 CCPR. In '' Saadoun v. Algeria'' (2003), regarding a man who was forcibly disappeared during the

Algerian Civil War The Algerian Civil War ( ar, rtl=yes, الْحَرْبُ الْأَهْلِيَّةُ الجَزَائِرِيَّةُ, al-Ḥarb al-ʾAhlīyah al-Jazāʾirīyah) was a civil war in Algeria fought between the Algerian government and various Is ...

, the Committee determined that failure to investigate gave rise to a new violation of the ICCPR. In this case, Algeria had proclaimed an amnesty for crimes committed during the "national tragedy".

Inter-American Court of Human Rights

Case law of the

Inter-American Court of Human Rights The Inter-American Court of Human Rights (IACHR or IACtHR) is an international court based in San José, Costa Rica. Together with the Inter-American Commission on Human Rights, it was formed by the American Convention on Human Rights, a huma ...

has tended towards an autonomous right to truth. Because of right to truth, the IACHR has invalidated agreements that grant

amnesty Amnesty (from the Ancient Greek ἀμνηστία, ''amnestia'', "forgetfulness, passing over") is defined as "A pardon extended by the government to a group or class of people, usually for a political offense; the act of a sovereign power offici ...

to human rights violators, as in ' (2001). In 1985, six years before Guatemala accepted the jurisdiction of the IACHR, American journalist

Nicholas Blake Cecil Day-Lewis (or Day Lewis; 27 April 1904 – 22 May 1972), often written as C. Day-Lewis, was an Irish-born British poet and Poet Laureate from 1968 until his death in 1972. He also wrote mystery stories under the pseudonym of Nicholas Bla ...

disappeared. In '' Blake v. Guatemala'' (1998), the IACHR determined that Guatemalan efforts to obstruct his family's search for the truth constituted inhuman treatment contrary to the

American Convention on Human Rights The American Convention on Human Rights, also known as the Pact of San José, is an international human rights instrument. It was adopted by many countries in the Western Hemisphere in San José, Costa Rica, on 22 November 1969. It came into forc ...

. The IACHR has often repeated its opinion that:

European Court of Human Rights

There is also case law of the

European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...

relevant to right to truth. In '' Cyprus v. Turkey'' (2001), the ECtHR ruled against Turkey in the case of

Greek Cypriots Greek Cypriots or Cypriot Greeks ( el, Ελληνοκύπριοι, Ellinokýprioi, tr, Kıbrıs Rumları) are the ethnic Greek population of Cyprus, forming the island's largest ethnolinguistic community. According to the 2011 census, 659,115 r ...

who had been last seen in the custody of Turkish troops. The anguish of surviving relatives constituted a "continuing violation of

Article 3 of the European Convention on Human Rights Article 3 of the European Convention on Human Rights prohibits torture, and "inhuman or degrading treatment or punishment". An absolute right Article 3 is an absolute right. The right is unqualified and cannot be balanced against the rights and ...

(ECHR) with respect to the relatives of the Greek-Cypriot missing persons." In '' El-Masri v. Macedonia'' (2012), the ECtHR established that North Macedonia had violated the Convention in allowing El-Masri to be taken into US custody during

extraordinary rendition Extraordinary rendition is a euphemism for state-sponsored Kidnapping, forcible abduction in another jurisdiction and transfer to a third state. The phrase usually refers to a United States-led program used during the War on Terror, which had t ...

. The court noted that Macedonian authorities had "deprived the applicant of being informed of what had happened, including of getting an accurate account of the suffering he had allegedly endured and the role of those responsible for his alleged ordeal" as well as hidden this information from the public at large. According to law professor Arianna Vedaschi, "the decision given in El-Masri showed innovative legal reasoning and a wholly innovative attitude of the judges towards the far-reaching enforcement of the right to the truth". In '' Janowiec and Others v. Russia'' (2013), the court found no violation of the convention regarding Russian investigations into the 1940

Katyn massacre The Katyn massacre, "Katyń crime"; russian: link=yes, Катынская резня ''Katynskaya reznya'', "Katyn massacre", or russian: link=no, Катынский расстрел, ''Katynsky rasstrel'', "Katyn execution" was a series of m ...

, but this ruling was on the principle of non-retroactivity because the massacre happened before the ECHR was drafted. Legal scholar James A. Sweeney criticized the ECtHR's approach to right-to-truth cases, stating that:

National law

Argentine law recognizes the right to truth, with a ''

sui generis ''Sui generis'' ( , ) is a Latin phrase that means "of its/their own kind", "in a class by itself", therefore "unique". A number of disciplines use the term to refer to unique entities. These include: * Biology, for species that do not fit in ...

'' legal proceeding called ' (trial for the truth) developed in the aftermath of the Argentine military dictatorship.

Potential forums

It has been suggested that victims might rely on Article 5 of the

African Charter on Human and Peoples' Rights The African Charter on Human and Peoples' Rights (also known as the Banjul Charter) is an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent. It emerged under th ...

in right-to-truth cases before the

African Court on Human and Peoples' Rights The African Court on Human and Peoples' Rights, also known simply as the African Court, is an international court established by member states of the African Union (AU) to implement provisions of the African Charter on Human and Peoples' Rights ...

. The

International Criminal Court The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals ...

's victim-centered approach may prove conducive to a right to truth.

Other examples

According to legal scholar Agostina Latino, the right to truth related to the

Armenian genocide The Armenian genocide was the systematic destruction of the Armenians in the Ottoman Empire, Armenian people and identity in the Ottoman Empire during World War I. Spearheaded by the ruling Committee of Union and Progress (CUP), it was ...

extends beyond

Armenian genocide survivors Armenian genocide survivors are Western Armenians who were not killed in the genocide of 1915. Most of the survivors became refugees outside Turkey, the successor state of the Ottoman Empire. Other survivors are the non-Ottoman Armenians who resi ...

to their descendants as well as Armenians at large. Latino states that, as the successor to the

Ottoman government The Ottoman Empire developed over the years as a despotism with the Sultan as the supreme ruler of a centralized government that had an effective control of its provinces, officials and inhabitants. Wealth and rank could be inherited but were j ...

that committed the genocide, the Turkish government's ongoing

Armenian genocide denial Armenian genocide denial is the claim that the Ottoman Empire and its ruling party, the Committee of Union and Progress (CUP), did not commit genocide against its Armenian citizens during World War I—a crime documented in a large body of ...

violates their right to truth. For example, there are monuments and streets named after the perpetrators, but not the victims. The Inter-American Court and some theorists have suggested that truth-telling may be a form of partial

reparations Reparation(s) may refer to: Christianity * Restitution (theology), the Christian doctrine calling for reparation * Acts of reparation, prayers for repairing the damages of sin History *War reparations **World War I reparations, made from G ...

to victims of human rights abuses. Right to truth is related to the fight against

impunity Impunity is avoidance of punishment, loss, or other negative consequences for an action. In the international law of human rights, impunity is failure to bring perpetrators of human rights violations to justice and, as such, itself constitutes a d ...

as establishing the truth about a past event is the first step in holding perpetrators accountable.

Right to Truth Day

Since 2010, the UN has commemorated International Day for the Right to the Truth Concerning Gross Human Rights Violations and for the Dignity of Victims, or Right to Truth Day, on 24 March, the anniversary of the murder of El Salvador archbishop Óscar Arnulfo Romero.