Guarantees of the right to the truth and access to information under the transitional justice system in Latin America

Abstract

This text analyses the international and constitutional bases of the right to the truth under a transitional justice system, linking it with the right to access information that is held by the State. In the search for an effective transitional system, the author points out that it is necessary for the public authorities in charge of the truth commissions and organisations guaranteeing information access to be endowed with powers of independent action. The text also proposes, as a solution, that the legislators, whenever possible, should give examples of expressions such as “national security” and “public interest”, which are frequently considered by non-independent public authorities as obstacles to the right to access information and the truth. Such authorities therefore feel bound to interpret the laws strictly by the letter, which reduces their scope of action (margin of discretion and evaluation). In the final analysis, such legislative definitions would create greater legal certainty and improve the general credibility of the legal system.