Pristup dokumentima o zločinima protiv međunarodnog prava u posedu institucija Srbije : državna tajna jača od prava na istinu
Access to documents on crimes against international law held by institutions Serbia: a state secret is stronger than the right to the truth

Author(s): Author Not Specified
Subject(s): Criminal Law, Human Rights and Humanitarian Law, Criminology, Wars in Jugoslavia
Published by: Fond za humanitarno pravo
Keywords: transitional justice; access to archives; right to truth; human rights violations; state obstruction; accountability; war crimes documentation
Summary/Abstract: Public access to archives containing documents relevant to establishing facts about human rights violations in the past is one of the fundamental prerequisites for establishing transitional justice in a post-conflict society. In societies like Serbia, which have gone through periods marked by systemic violence, access to information about human rights violations is an integral element of the right of victims and society to the truth. The right to the truth about what happened during the period of massive human rights violations is also a human right within the framework of freedom of expression, guaranteed by the International Covenant on Civil and Political Rights. The aforementioned pact, which binds Serbia and its authorities, states that "[everyone has the right to freedom of expression; that right includes the freedom to seek, receive and disseminate information". It represents the basis for the enjoyment of a number of other human rights, and at the same time enables public supervision of the work of state bodies and the effective participation of citizens in democratic processes.

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