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Copyright of Revista Española de la Transparencia is the property of Asociacion de Profesionales de la Transparencia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The concept of memory laws has been gaining attention for the past few years. It is commonly defined as legal provisions governing history, including repressive measures against the denial of past crimes. Memory laws also include stateapproved interpretations of crucial historical events, the law establishing state holidays and commemoration of victims of past atrocities. The laws have a big part in transition and reconciliation, however, they may also lead to a distortion of historical truth. The main purpose of the paper is to analyse the coexistence between memory laws and the right to the truth in the context of human rights violations and international crimes. For that reason, firstly, the legal nature of the truth and memory under international law is evaluated. Secondly, the Rwandan legal provisions on genocide are analysed and comments are made on the elements of the Rwandan traditions concerning the past. That example serves to show the danger of the politicization of memory laws. Finally, the paper is an attempt to answer the question whether the conjunction of the right to the truth and memory laws is necessary. [ABSTRACT FROM AUTHOR]

Copyright of Revista de Derecho Politico is the property of Editorial UNED and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Legal Records / Pravni Zapisi is the property of Union University Law School, Belgrade and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Victims (direct and indirect) of gross human rights violations have implicit recognition in terms of a duty of effective investigation and other focused principles. In the context of migration and extraordinary rendition, this duty gives rise to a particular problem of investigation in a multi-national situation, where, arguably, an effective investigation requires elements of transnational cooperation. Recent decisions by the European Court of Human Rights, in particular Güzelyurtlu v Turkey and Cyprus, have developed legal principles relevant to this situation. This article probes how the Court's jurisprudence reflects and accommodates the need for those across-border investigations in order to meet the criteria of an effective investigation and, with it, the right to the truth. It does so with additional reference to international legal norms that attach to enforced disappearance, as the right to the truth has found most fervent expression in this human rights context thereby serving to further illustrate the two foci of this contribution: transnational fact-finding in relation to migration and extraordinary renditions. [ABSTRACT FROM AUTHOR]

The right to the truth about gross human rights violations is gradually becoming more firmly entrenched in international human rights law. However, the content and contours of the right to the truth are not without controversy. Some of the most pressing issues that have arisen are the extent of society's right to the truth, the scope of the truth that it pursues (fact-finding or broader historical truth) and the relationship between truth seeking and official acknowledgment. This article turns to multidisciplinary research about truth seeking and memory with regard to gross human rights violations, which provides rich insights into the role of truth in the aftermath of mass atrocities that can shed light on the possible implications of the right to the truth. It thus provides a critical reflection on the right to the truth, in order to consider how it could perform a valuable function. [ABSTRACT FROM AUTHOR]

This article argues that while the right to the truth has come to the fore over the last few decades, victims around the world have not really felt its practical effect. It is argued that for the right to have real impact, human rights violations need to be documented and investigated, and the victims identified. This has, however, been limited in the past for a variety of reasons, including the inability to document violations to the extent needed. The article therefore considers how scientific and technological tools can help with this. It is argued that while the right to the truth has been assisted by the advent of DNA analysis, this tool is often not available in large parts of the world because of a lack of resources. Thus, it is argued that other types of techniques can, and must, be used to identify victims of human rights abuses. The article considers how ordinary people and NGOs can use a range of other tools, including a variety of apps and social media, to collect evidence of human rights violations, find people and fight impunity. The article also discusses why there ought therefore to be a greater reliance on open-source information and how it can be used to improve documentation and investigations of human rights violations. Examples that best embody the advantages and disadvantages of these scientific and technological tools are provided, as well as ideas on how to overcome the challenges they present. [ABSTRACT FROM AUTHOR]

Copyright of Direito e Práxis is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The judgments delivered by the European Court of Human Rights in Al-Nashiri v. Poland and Husayn (Abu Zubaydah) v. Poland highlight the potential tension that may arise between states' broad reliance on national security grounds to withhold disclosure of secret files and compliance with their obligations under the European Convention on Human Rights. The present article examines the above-mentioned judgments, focusing, in particular, on how (and to what extent) the withholding of secret information may infringe on the right to the truth and, as far as proceedings before the European Court of Human Rights are concerned, the state's duty to cooperate with it. [ABSTRACT FROM AUTHOR]

This paper originates from research on the enforceability of the right to the truth under public international law. This paper intends to analyze the duties assumed by states regarding compliance with this specific human right after serious violations of international human rights law or international humanitarian law during non-international armed conflicts. The main purpose of this work is to demonstrate that states no longer have the discretion to handle post-conflict situations in breach of their international obligations regarding human rights. [ABSTRACT FROM AUTHOR]