Monday, April 9, 2018

International Day for the Right to the Truth Concerning Human Rights Violations and for the Dignity of Victims

                     A little more than two weeks ago, precisely on 24th of March. All over the world was celebrated the day we all must search justice. This post is a summary of three articles. The first was published at http://www.gicj.org/positions-opinons/gicj-positions-and-opinions/1376-international-day-for-the-right-to-the-truth-concerning-gross-human-rights-violations-and-for-the-dignity-of-victims-24-march. The second was published at http://eamonnmallie.com/2018/03/right-truth-march-24th-2018-john-finucane/. The third was published at https://citizentruth.org/marielle-franco-murder/

                     The right to truth emerges in the context of gross violations of human rights and grave breaches of humanitarian law. Those related to victims of executions, enforced disappearance, abductions, and torture seek clarification about their loved ones's situation. Gaining knowledge of the full and complete truth as to the occurrences, their specific circumstances, and the perpetrators, and underlying reasons lies at the heart of the right to the truth. In cases relating to enforced disappearance and missing persons, the right furthermore entails the right to knowledge about the victims' fate. Moreover, the right to truth has been described as both an individual and collective right and it has been stipulated that the state has a duty to remember. The right to truth has evolved significantly over time to guarantee developemnt towards redress, reconciliation, and peace in affected regions. Through the evolution of the right to truth, international criminal and human rights jurisdiction coalesce in some areas as both seek to combat impunity. 24th March of every year marks the International Day for the Right to the Truth Concerning Gross Human Rights Violations and for the Dignity of Victims, as decided by the United Nations General Assembly on 21 December 2010. The purpose of the day is to honor the memory of victims of gross and/or systematic human rights violations and promote the right to truth and justice; to pay tribute to those who have devoted their lives to and sacrificed their lives in the struggle to promote and protect human rights for all. The right to truth concerning gross human rights violations law has been deciphered in a 2006 study by the Office of he UNHCHR as inalienable and autonomous right, in line with the duty and obligation of the state to protect and ensure human rights, to conduct effective investigations, and to provide for effective remedy and reparations.In its contribution, Geneva International Centre for Justice (GICJ) highlight core international mechanisms and instruments pertaining to the right to the truth, underlines the importance of forensic genetics in this regard, outlines past instances of the right to truth, and discusses where its promotion is urgently needed. In this context, GICJ reiterates the preventive potential of transitional justice. The international community is failing to protect uncountable civilians from persecution, untold suffering and death in Syria, Libya, Yemen, Iraq, Sudan, and Palestine to name a few. Despite numerous warning signs, the actions of the UN have hitherto failed to prevent atrocity crimes. Transitional justice, would be key to breaking the cycles of impunity and to ensure non-recurrence. The international community has the responsibility to act to prevent crimes wherever they occur if the state in question is unable or unwilling to fulfill its international obligations. The pledge of "never again" must be a principle that overrides the geopolitical and other interests of some states. GICJ urges the international community to take all necessary measures to implement comprehensive transitional justice policies, including by guaranteeing the right to truth, in contexts in which crimes have been or are currently being committed, to help break cycles of impunity. 
                  The U.N. has proclaimed today to be The International Day for the Right to Truth concerning gross Human Rights Violation and for the Dignity of Victims. The date is significant, and pays homage to a fearless and outspoken advocate for human rights, Archbishop Oscar Romero of El Salvador who was assassinated in 1980.  In Ireland,  we are perhaps more acutely aware than others as to the significance and importance in having the right to truth. I have spent 29 years campaigning for the truth of the human rights solicitor Patrick Finucane. This case has perhaps become emblematic for the broader issue of accountability. We are talking about three things, Firstly, the truth must be revealed in its entirely, no matter how difficult it is. Secondly, it must be offcially acknowledge, so there is official recognition that the state bears a responsibility. Third, the lessons must be learned to prevent things like this from happening again in the future. There are so many people, who like us, want to find out the truth behind Pat's murder. It is unfinished business for them and unfinished business for us.
                  On the night of March 14th, Brazilian politician and activist Marielle Franco was returning from an event when she was brutally gunned down in what appears to be a targeted assassination; the apparent assassination is most likely a form of retaliation against Marielle Franco's courageous and unfaltering opposition to unfair police tactics against the people of Brazil. Her driver, Anderson Pedro Gomes, was also killed in the attack. Franco had been exposing Brazilian police force brutality the very night she was assassinated by suggestion that the recent killing of 23-year-old Matheus Melo was orchestrated by police. In a tragic turn of events, it seems that Franco met the same fate as Melo at the hands of a corrupt system determined to silence opposition views. According to activist and political theorist Priscila Carvalho, who was interviewed for this article, "Franco's murder illustrates the present threat to oppressed groups, not just in the favelas, but in the country as a whole. Violence stems from acts and omissions in the justice system," says Carvalho. Police brutality has been an issue in Brazil for decades, but in recent years, the number of deaths at the hands of police has been rising at a disturbing rate. As the situations in large cities, such as Rio have gotten far more difficult for the government to control, politicians have responding by increasing police presence , and even deploying the military as security forces in Rio. Unfortunately, almost immediately after Franco was murdered, her opponents began tempting to assassinate her character as well. Brazil has one of the highest rates of social media use of any country in the world, and right-wing politicians and organizations have been exploiting this medium in order to spread negative accusations against Franco, the majority of which seem to be completely untrue.

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