Truth Commissions and Procedural Fairness


Truth Commissions and Procedural Fairness
  • By Mark Freeman

  • Publisher: Cambridge University Press

    Online Publication Date:October 2009

    Online ISBN:9780511584473

    Hardback ISBN:9780521850674

    Paperback ISBN:9780521615648

  • Book DOI: http://dx.doi.org/10.1017/CBO9780511584473

    Subjects: Human Rights

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.


 Reviews:

"The volume is a very welcome contribution for experts from international organizations, NGOs and governments working in the field. Its insights and suggestions are also relevant for quasi-judicial and nonjudicial human rights investigations."
- Dr. Wolfgang S. Heinz, German Institute for Human Rights

"Freeman makes a valuable and long-overdue contribution to the existing literature on truth commissions and this book represents the first attempt to lay down fair procedures for their operation. It moves away from the romanticized considerations of the contribution of truth commissions in transitional states and provides a refreshingly practical evaluation of their work...this book will indeed become a valuable research and consultation tool for those involved in designing and operating future truth commissions."
Mark Freeman, Human Rights Law Review

"Marc Freeman's book will chiefly appeal to practitioners or to those who teach practitioners. The first ninety pages or so of his introductory pages present a solid review of the variable nature of truth commissions and of the substantial literature that has been published about them....The chapters addressing the topics are quite well done....Freeman's book is highly recommended for those who want to engage in the hard work of studying procedural fairness in extraodinary forums in some detail..."
--Donald W. Jackson, Department of Political Science, Texas Christian University, The Law and Politics Book Review



 Prizes:

Winner of the 2007 American Society of International Law Certificate of Merit and Honorable Mention

No references available.