World’s Disappearance Commissions: An Inhumanious Quest for Truth

Pathak, Bishnu

doi:10.22158/wjssr.v3n3p274

Cited by 2 publications

(3 citation statements)

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“…None of the concerned institutions and state-leaders (often called as perpetrators) feels accountable to ensure justice to the victims. It has been witnessed that world's Transitional Justice ironically ensures freedom to the perpetrators further limiting justice to the poor victims in all Generations (Pathak, 2016).…”

Section: Discussionmentioning

confidence: 99%

“…Pinochet was arrested in Great Britain in 1998 on the charge of violating International Human Rights Law, but the Court granted him amnesty. Pinochet was kept under house arrest on the charges of corruption in 2004, but died in 2006 (Pathak, 2016). The Commission recommended establishing a National Corporation for Reparations and Reconciliation, Human Rights Legislation and Ombudsman.…”

Section: Chilementioning

confidence: 99%

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Generations of Transitional Justice in the World

Pathak¹

2019

ASSRJ

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The objectives of the paper are to investigate the axiomatic truth and record the human wrongdoings of the past, deliver justice to the victims at present, make perpetrators accountable and initiate generous change in the rule of law for prosperous, peaceful and harmonious nation. The state-of-the-art paper is prepared based upon literature review, exchanging and sharing, and a practical observation approach rather than theoretical-analytical conception, except Generation. An interdisciplinary (politicolegal) word, 'Transitional Justice' (TJ) is healing the violations and/or abuses of yesterday, investigating and reconciling today and hoping to protect the tomorrow for not only a few privileged, but for the people of all Generations. The Generation tends to ascertain cause, nature, degree and patterns of identity-based crimes and genocide, determine the role of perpetrators and analyze the impact of the Truth Commission. Generally, Generation refers to the biological age groupings (20 to 30 years) that live together and share similar characteristics-attitudes, behaviors, contexts, sufferings and cultures. The paper reviews over 90 TJ countries in Five Generations (I, II, III, IV and 0), starting from the post-World War II to the present day world. Generation-I presents a genesis of TJ, a notion changed from the holocaust to the retributive justice which comprises the analyses of Nuremberg Trial and Tokyo Tribunal. Rather than making the main perpetrators involved in World War (WW) II accountable, the Nuremberg Trial has been a holier-than-thou betrayal to the Germans by a pseudo trial, and immunity to 'French, Soviet Union, Americans, British and Japanese Emperor' and Geneva Convention violators owing to a high political masquerading and retribution. Generation-II reveals a notion changed from internecine war crimes to humanitarian justice. It compares and contrasts the functions of the Truth Commissions that have a direct structural link with perpetrators' four Ds (viz. delay, deceive, deny and dilute) approaches of TJ. Beyond domestication, TJ is an international human rights law, international criminal law and international humanitarian law. TJ has been more political in nature and less legal in practice. Generation-III tends to a notion changed from domestic criminal jurisprudence to international tribunal justice. The western developed and non-signatory nations of the Rome Statute try hard to establish and control the International Criminal Court (ICC) to their bad relation with post-conflict countries. Generation-IV discloses a notion changed from sectarian violence to reconcile justice. In such cases, non-state elite actors normally engage against the weak and poor people to prove their superiority conducting communal apartheid and cultural genocide. Lastly, Generation-0 (Zero) refers to a notion changed for justice establishing the Truth Commission. Truth Commissions have been unable to identify and investigate the human rights violations and/or abuses in the post-conflict periods, despite huge national a...

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Section: Discussionmentioning

confidence: 99%

Section: Chilementioning

confidence: 99%

Generations of Transitional Justice in the World

Pathak¹

2019

ASSRJ

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“…Often, the State party tries hard to crush the armed conflict by force in the name of resolving or transforming the conflict, but the non-State party often retaliates proportionately. It assists to cooperate for just peace-harmony reculturizing the traumatized community or society (Pathak, 2016). Truth…”

Section: Introductionmentioning

confidence: 99%

A Comparative Study of World’s Truth Commissions —From Madness to Hope

Pathak¹

2017

WJSSR

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<em>The objective of this paper is to explore the initiatives and practices of different countries in truth seeking. Many countries during the post-conflict, colonial, slavery, anarchical and cultural genocide periods establish the Truth Commissions to respond to the past human wrongdoings: crimes and crimes against humanity. Enforced Disappearances (ED), killings, rapes and inhumane tortures are wrongdoings. Truth Commission applies the method of recovering silences from the victims for structured testimonies. The paper is prepared based on the victim-centric approach. The purpose reveals the piecemeal fact-findings to heal the past, reconcile the present and protect the future. The study covers more than 50 Commissions in a chronological order: beginning from Uganda in 1974 and concluding to Nepal in February 2015. Two Commissions in Uruguay were formed to find-out enforced disappearances. Colombian and Rwandan Commissions have established permanent bodies. The Liberian TRC threatened the government to submit its findings to the ICC if the government failed to establish an international tribunal. The Commissions of Bolivia, Ecuador, Haiti, former Yugoslavia and Zimbabwe were disbanded, and consequently, their reports could not be produced. No public hearings were conducted in Argentina and former Yugoslavia. It is noted that only 8 public hearings in Ghana, 8 national hearings in East-Timor and 15 in Brazil were conducted. Moroccan Commission held public hearings after signing the bond paper for not to disclose the names of the perpetrators whereas Guatemala did not include the perpetrators’ names in the report. The Shining Path’s activists are serving sentences based on civil-anti-terrorist court, but Alberto Fujimori is convicted for 25 years. Chadian Commission worked even against illicit narcotics trafficking. The UN established its Commissions in Sierra Leon, El Salvador and East-Timor, but failed to restore normalcy in Kosovo. Haiti prosecuted 50 perpetrators whereas Guatemala prosecuted its former military dictator. The Philippines’ Commission had limited investigation jurisdiction over army, but treated the insurgents differently. In El Salvador, the State security forces were responsible for 85 percent and the non-state actors for 15 percent similar to CIEDP, Nepal. The TRCs of Argentina, East-Timor, Guatemala, Morocco, Peru and South Africa partially succeeded. Large numbers of victims have failed to register the complaints fearing of possible actions. All perpetrators were controversially granted amnesty despite the TRC recommendation in South Africa. The victims and people still blamed Mandela that he sold out black people’s struggle. Ironically, the perpetrators have received justice, but the victims are further victimized. As perpetrator-centric Government prioritizes cronyism, most of the Commissioners defend their respective institution and individuals. Besides, perpetrators influence Governments on the formation of Truth Commission for ‘forgetting the victims to forgive the perpetrators’. A commission is a Court-liked judicial and non-judicial processes body, but without binding authority except Sierra Leone. Transitional Justice body exists with a five-pillar policy: truth, justice, healing, prosecution and reparation. It has a long neglected history owing to anarchical roles of the perpetrators and weak-poor nature of the victims. Almost all TRCs worked in low budget, lack of officials, inadequate laws and regulations, insufficient infrastructures and constraints of moral supports including Liberia, Paraguay, Philippines, South Africa, Uganda and Nepal. The perpetrators controlled Governments ordered to destroy documents, evidences and testimonies in their chain of command that could have proven guilty to them.</em>

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World’s Disappearance Commissions: An Inhumanious Quest for Truth

Abstract: Abstract

Cited by 2 publications

References 3 publications

Generations of Transitional Justice in the World

Generations of Transitional Justice in the World

A Comparative Study of World’s Truth Commissions —From Madness to Hope

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