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Truth as Justice: Investigatory Commissions in Latin America
Authors:Margaret Popkin  Naomi Roht-Arriaza
Affiliation:Fellow at the Washington Office on Latin America.;Assistant professor of law at Hastings College of Law, University of California. The authors thank Professor Patty Blum for her insightful comments on an earlier draft. Some material for this article is taken from N. Roht-Arriaza, ed., Impunity and Human Rights in International Law and Practice;(New York: Oxford University Press, 1995).
Abstract:In recent years, Latin American countries have sought to come to terms with prior periods of widespread human rights violations, relying increasingly on investigatory commissions. Investigatory efforts have been undertaken by democratically elected governments that replaced military dictatorships, by UN-sponsored commissions as part of a UN-mediated peace process, and by national human rights commissioners. This article examines truth commissions in Chile and El Salvador, an investigatory effort in Honduras, and a proposed commission in Guatemala. It compares the achievements and limitations of these commissions within the political constraints and institutional reality of each country, focusing on four major goals: the effort to create an authoritative account of the past; vindication of victims; recommendations for legislative, structural, or other changes to avoid repetition of past abuses; and establishing accountability or the identity of perpetrators.
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