VIABILITY OF THE TRUTH COMMISSION
José Enrique González Ruiz
The Dirty War and changes in government
Each time you reach the title of Executive (whether Federal or a state) someone from a different party the PRI, it generates expectations about the clarification of crimes against humanity committed during periods in which the party has ruled. So it was with Vicente Fox, who became president of the Republic led by the National Action Party, and so is happening in Guerrero and Oaxaca, with the arrival of the governor of those entities to Angel Aguirre Rivero and Gabino Cue Monteagudo, respectively.
The debate is between creating independent body of citizens, as a Truth Commission (Comverdad), or establish an office within the existing research as a specialized agency of the Office concerned. With federal, with Fox second opinion prevailed, who abandoned the commitment it had gained promotion campaign to Congress Comverdad figure and decided to establish what was the Special Prosecutor for Past Affairs (FEMOSSP). The main argument then brandished Santiago Creel as the holder of SEGOB was that the former does not have the authority to bring criminal action against the alleged perpetrators, because it is such an exclusive power of prosecutors. Experience showed that when the criminal action is brought, the lack of political will of government (legislative and electoral pacts between the PRI and PAN) made shipwreck.
Other special prosecutor, like the one created to investigate the disappearance of José Ramón, Morelos, also gave satisfactory results.
Therefore, we must start with the objective concept that no instrument is sufficient by itself to achieve truth, justice and reparation. Internationally, the assessment of truth commissions in each case varies. For example, the work of the Commission Sabato of Argentina is seen as frustrating, while that of Guatemala is better valued. It requires support of society (and particularly the victims and their families) to raise better crops. At the national
, it should be clear that, beyond the electoral changes, the power apparatus responsible for enforced disappearances, extrajudicial executions and other serious offenses, is substantially the same rules until today. In military and police structures has not been changes in essence. Does not guarantee justice and transparency of party change in government.
The limitations of truth commissions
Indeed, the commissions to seek clarification of grave violations of human rights have limitations. Here are some: 1 .-
are not formally investigating agencies of crimes, which do not have professional staff in areas related to the topic.
2 .- Their resources are limited because they are imposed on the state and he wants to keep the lowest possible profile.
3 .- They are vulnerable to attacks from criminals under investigation (usually very powerful, well connected with the power and characterized by extreme cruelty.)
4 .- There are authorized to bring proceedings criminal. 5 .- Many
media bind its members to the cause of victims of crimes against humanity. It is increasingly urgent to defend human rights defenders.
Above all, the commission is the political environment: its members should be provided with moral force and be accompanied by a social force, because otherwise their work is easily nullified. A strange one here say that impunity reigns happily.
The advantages of a Comverdad
With all that said, the choice of a Truth Commission is preferable to a Special Prosecutor As described below: 1 .- No
depends on the structure of power when they enjoy autonomy. To do this, must be composed of people (men and women) who do not hold any public office nor are formal leaders of any party.
2 .- It is not subject to orders of those hegemonize the State. To do this, you must have the resources necessary to accomplish the task without remuneration for its members. Such resources must be appropriated by Congress and only in this sense the Commission should have pecuniary liability to it.
3 .- The appointment of its members must come from civil society proposals and, more particularly, associations of victims of the Dirty War and their families. You must ensure that quotas party, because that is the sure way to corruption. The office of Commissioner shall be honorary, but any costs will be made from the budget.
4 .- The Commissioners should be empowered to cleave the collaboration of experts in matters related to its mission: psychological, legal, forensic, etc. Obviously these have to be paid, as well as administrative workers.
5 .- The decree creating it, has to establish its timing, which will be about two years, renewable six months if necessary. 6 .-
Comverdad must have authority to call any officer to declare and to bring those former officials and civilians who have acted with acquiescence of those who hold or held power when you have evidence that might have participated in crimes against humanity.
7 .- The proceedings of the Comverdad must be public, unless the victims, relatives, witnesses, or anyone connected with a case reserve or discretion request. The same will apply when a person's risk of harm.
8 .- Their links with NGOs and Human Rights official, national and international, can also provide strength which requires that its resolutions are met.
9 .- There will be on the Advisory Board of the Comverdad a representative of the attorney in question, so that the work be structured in the form of preliminary investigation and the prosecution authority to endorse its conclusions. 10 .-
Comverdad rescue the historical memory of the cases that touch you know and will inform the nation and the world.
If this is secured, the Comverdad can provide an invaluable service to the cause of human rights.
13/mayo/2011.
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