Attachments
Forty-eighth session
13 September–1 October 2021
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Summary
The Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, Fabián Salvioli, presents his report on accountability with a view to the prosecution and punishment of gross violations of human rights and serious violations of international humanitarian law in the context of transitional justice processes.
The report examines the scope of the legal obligation to prosecute and punish such violations, as well as the constraints, gaps and opportunities encountered in the implementation of this obligation in countries undergoing transitional justice processes. It concludes with recommendations.
I. Introduction
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The present report is submitted to the Human Rights Council by the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence pursuant to Council resolution 45/10. In the report, the Special Rapporteur lists the main activities that he undertook between July 2020 and June 2021 and examines the scope of the legal obligation of States to prosecute and punish persons who bear responsibility for gross violations of human rights or serious violations of international humanitarian law, as well as the constraints, gaps and opportunities encountered in the fulfilment of this obligation in countries undergoing transitional justice processes.
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In 2021, the Special Rapporteur convened an expert meeting with the support of the Instituto Internacional de Responsabilidad Social y Derechos Humanos and organized an open consultation with States, national human rights institutions and civil society which made valuable contributions to the present report.