Truth Commissions and Procedural Fairness

by Mark Freeman

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.

424 pages, ebook

First published January 1, 2006

About the author

Librarian Note:
There is more than one author in the Goodreads database with this name.
This profile may contain books from multiple authors of this name.

Reviews

[Maja Šoštarić · Rating 3 out of 5]

It's a good book for people (like myself) who are looking for some more flesh to what has so far been written on the issue of truth commissions (i.e. what Priscilla Hayner has written, because she is the authority in that area). Without too much legal jargon, this book is clear and comprehensive and it focuses on procedural fairness of the commissions' work (such as statement-taking, subpoena power, search and seizure powers, public hearings as well as drafting final report).
Now you might think it's very technical, which it is, and it's not as comparatively analytical as Hayner's work (I just ordered the 2011 edition of her Unspeakable Truths).
However this book is definitely something that was missing in the whole discussion around TRCs - HOW the hearings are conducted, HOW the commissions actually work, HOW the dialogue between the victims and the commissioners is established, etc. And the amount of literature consulted is just admirable. So in all, an insightful read if you are interested in the truth behind truth commissions, or if you are one of those people who annoy other people with your constant "But why?" questions.