A HRC Res 9 11

Human Rights Council
Resolution 9/11. Right to the truth
The Human Rights Council,
Guided by the Charter of the United Nations, the Universal Declaration of Human Rights,
the International Covenant on Civil and Political Rights, the Geneva Conventions
of 12 August 1949 and the Protocols Additional thereto of 1977, and other relevant instruments
of international human rights law and international humanitarian law, as well as the Vienna
Declaration and Programme of Action,
Recognizing the universality, indivisibility, interdependence and interrelatedness of civil,

political, economic, social and cultural rights,
Recalling article 32 of Additional Protocol I to the Geneva Conventions of 12 August 1949

and Relating to the Protection of Victims of International Armed Conflicts, which recognizes the
right of families to know the fate of their relatives,
Recalling also that article 33 of Additional Protocol I provides that the parties to an armed
conflict shall search for the persons who have been reported missing, as soon as circumstances
permit,
Recalling further the International Convention for the Protection of All Persons from
Enforced Disappearance, adopted by the General Assembly in its resolution 61/177, in which
article 24 (2) sets out the right of victims to know the truth regarding the circumstances of the
enforced disappearance, the progress and results of the investigation and the fate of the
disappeared person, and sets forth State party obligations to take appropriate measures in this
regard, and the preamble reaffirms the right to freedom to seek, receive and impart information
to that end,
Taking into account resolution 2005/66 of the Commission on Human Rights and Council
decision 2/105 on the right to the truth,
page 2
Acknowledging the reports of the Office of the United Nations High Commissioner for
Human Rights on the right to the truth (E/CN.4/2006/91, A/HRC/5/7) and its significant
conclusions related to the right to know the truth about gross violations of human rights and
serious violations of international humanitarian law,
Stressing that adequate steps to identify victims should also be taken in situations not
amounting to armed conflict, especially in cases of massive or systematic violations of
human rights,
Recalling the set of principles for the protection and promotion of human rights through
action to combat impunity (E/CN.4/Sub.2/1997/20/Rev.1, annex II) and taking note with
appreciation of the updated version of those principles (E/CN.4/2005/102/Add.1),
Noting that the Human Rights Committee 1 and the Working Group on Enforced or
Involuntary Disappearances (E/CN.4/1999/62) have recognized the right of the victims of gross
violations of human rights and the right of their relatives to the truth about the events that have
taken place, including the identification of the perpetrators of the facts that gave rise to such
violations,
Acknowledging, in cases of gross violations of human rights and serious violations of

international humanitarian law, the need to study the interrelationship between the right to the
truth and the right to access to justice, the right to obtain effective remedy and reparation, and
other relevant human rights,
Stressing the importance for the international community to endeavour to recognize the
right of victims of gross violations of human rights and serious violations of international
humanitarian law, and their families and society as a whole, to know the truth regarding such
violations, to the fullest extent practicable, in particular, the identity of the perpetrators, the
causes and facts of such violations, and the circumstances under which they occurred,
Stressing also that it is important for States to provide appropriate and effective
mechanisms for society as a whole and, in particular, for relatives of the victims, to know the
1
Official Records of the General Assembly, Fifty-first Session, Supplement No. 40 (A/51/40).
A/HRC/9/L.12
page 3
truth regarding gross violations of human rights and serious violations of international
humanitarian law,
Recalling that a specific right to the truth may be characterized differently in some legal
systems as the right to know or the right to be informed or freedom of information,
Emphasizing that the public and individuals are entitled to have access, to the fullest extent
practicable, to information regarding the actions and decision-making processes of their
Government, within the framework of each State’s domestic legal system,
Convinced that States should preserve archives and other evidence concerning gross
violations of human rights and serious violations of international humanitarian law to facilitate
knowledge of such violations, to investigate allegations and to provide victims with access to an
effective remedy in accordance with international law,
1. Recognizes the importance of respecting and ensuring the right to the truth so as to
contribute to ending impunity and to promote and protect human rights;
2. Welcomes the establishment in several States of specific judicial mechanisms and

other non-judicial mechanisms such as truth and reconciliation commissions, that complement
the justice system, to investigate violations of human rights and violations of international
humanitarian law, and appreciates the elaboration and publication of the reports and decisions of
these bodies;
3. Encourages the States concerned to disseminate, implement and monitor

implementation of the recommendations of non-judicial mechanisms such as truth and
reconciliation commissions, and provide information regarding compliance with the decisions of
judicial mechanisms;
4. Encourages other States to consider establishing specific judicial mechanisms and,

where appropriate, truth and reconciliation commissions to complement the justice system, to
investigate and address gross violations of human rights and serious violations of international
humanitarian law;
page 4
5. Encourages States to provide requesting States the necessary and appropriate

assistance regarding the right to the truth by means of, among other actions, technical
cooperation and exchange of information concerning administrative, legislative and judicial and
non-judicial measures, as well as experiences and best practices that have as a purpose the
protection, promotion and implementation of this right;
6. Encourages all States that have not done so to consider signing, ratifying or acceding
to the International Convention for the Protection of All Persons from Enforced Disappearance;
7. Requests the Office of the United Nations High Commissioner for Human Rights to
prepare a comprehensive study, to be presented to the Council at its twelfth session, on best
practices for the effective implementation of this right, including, in particular, practices relating
to archives and records concerning gross violations of human rights with a view to create
guidelines on protecting archives and records concerning gross human rights violations, and
programmes for the protection of witnesses and other persons involved in trials connected with
such violations;
8. Also requests the Office of the High Commissioner to prepare a report, to be

presented to the Council at its fifteenth session, on the use of forensic experts in case of gross
violations of human rights with a view to identifying trends and best practices in this regard;
9. Decides to convene a panel to discuss issues related to the present resolution at its
thirteenth session;
10. Invites special rapporteurs and other mechanisms of the Council, in the framework of
their mandates, to take into account, as appropriate, the issue of the right to the truth;
11. Decides to consider this matter at its twelfth session under the same agenda item or at
the corresponding session in conformity with its annual programme of work.
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Human Rights Council

Resolution 9/11. Right to the truth

The Human Rights Council,

Recognizing the universality, indivisibility, interdependence and interrelatedness of civil,

Recalling article 32 of Additional Protocol I to the Geneva Conventions of 12 August 1949

Acknowledging, in cases of gross violations of human rights and serious violations of

2. Welcomes the establishment in several States of specific judicial mechanisms and

3. Encourages the States concerned to disseminate, implement and monitor

4. Encourages other States to consider establishing specific judicial mechanisms and,

5. Encourages States to provide requesting States the necessary and appropriate

8. Also requests the Office of the High Commissioner to prepare a report, to be

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