Information collected by a truth commission may be useful to those investigating cases for prosecution while the commission is still operating, immediately after its conclusion, or many years later. Generally, a truth commission should be viewed as complementary to judicial action. Even where prosecutions are not immediately expected, it is important that truth commissions conduct their work keeping in mind that possibilities for prosecution may eventually be possible. In that event a truth commission’s report and its other records might be important as background materials and to provide leads to witnesses. Even if a commission’s report does not point to specific perpetrators, the commission’s information can reveal greater patterns of violations and show institutional involvement as well as command responsibility of those at the top.
What is Prosecution?
Prosecutions are judicial investigations of those alleged to be responsible for human rights violations or other crimes. Prosecutors frequently emphasise investigations of the principal suspects considered most responsible for massive or systematic crimes. Criminal prosecutions focus on individual criminal responsibility, yet they also have the potential to target crimes committed in a systematic and widespread manner. Prosecutions may restore victims’ dignity and public confidence in the rule of law by combating impunity.
What are the purposes of prosecutions?
Prosecutions have several purposes. They:
- respond to victims’ demands for justice by punishing those responsible for violations and acknowledging the victims’ suffering;
- uphold the rule of law by fulfilling the legal obligation to provide remedy for victims;
- condemn violations and impunity, assure a fair objective process, and serve as a deterrent;
- determine individual responsibility as opposed to collective guilt;
- establish an accurate historical record, revealing what happened and why; and
- symbolise the beginning of a new chapter in a nation’s life marked by social justice and the
rule of law.