PASTOR RAYMOND KOH
Guatemala12 where the Inter-American Court of Human Rights held:
"197. In this respect, the Commission declared that the right to the truth
has a collec�ve nature, which includes the right of society to "have access
to essen�al informa�on for the development of democra�c systems",
and a par�cular nature, as the right of the vic�ms' next of kin to know
what happened to their loved ones, which permits a form of repara�on.
The Inter- American Court has established the obliga�on of the State to
inves�gate the facts while there is uncertainty about the fate of the
person who has disappeared, and the need to provide a simple and
prompt recourse in the case, with due guarantees."
What is a Public Inquiry?
48.
Generally, a public inquiry is an official review of events or ac�ons ordered by a
government body. A public inquiry accepts evidence and conducts its hearings in
a more public forum and focuses on a more specific occurrence.
49.
Interested members of the public and organisa�ons may make wri�en eviden�al
submissions as is the case with most inquiries and listen to oral evidence given
by other par�es.13
50.
A public inquiry is a mechanism that can be used to achieve SUHAKAM’s mandate
to look into systemic human rights issues with a view to solving them through
systema�c means. By adop�ng a broad-based human rights approach, it can
examine a large number of situa�ons as opposed to an individual complaint. A
public inquiry has a dual focus, fulfilling both fact-finding and educa�onal roles.
An effec�ve public inquiry is one that is supported by the exercise of powers to
subpoena witnesses, to order the produc�on of documents at its hearings, and
to produce a report that will be made public containing recommenda�ons to all
relevant par�es.14
12
IACHR Series C No 70 (Official Cita�on) [2000] IACHR 7 (Other Reference) IHRL 1453 (IACHR 2000) (OUP reference);
IACHR Series C No 91 (Official Cita�on) [2002] IACHR 1 (Other Reference) IHRL 1474 (IACHR 2002) (OUP reference)
13
Public Inquiry h�ps://en.wikipedia.org/wiki/Public_inquiry
14
(2013, May 7). Report of the Na�onal Inquiry into the Land Rights of Indigenous Peoples (Rep.). Retrieved from
h�ps://drive.google.com/file/d/0B6FQ7SONa3PRbUlnUGcxdzdEWU0/preview
16