It’s going to require extreme care by the prosecutor. There may be some problems there with the capacity to subvert those processes if they are reasonable, and we’ll just have to hope that the institutions within the court take a sensible view about it. But complementarity extends to covering internal processes which don’t necessarily involve prosecutions of individuals, so there’s no reason why the principle of complementarity ought not to cover an appropriately constituted truth commission.
- There needs to be convincing evidence that the majority of citizens endorse the provision as a transitional justice mechanism;
- There should be the disclosure of as much truth as possible concerning the gross violations of human rights; - Accountability of those responsible for gross violations of human rights, recognizing that this need not to be in the form of retributive sentencing by the state;
- The mechanism provides a form of cathartic relief or reparation to victims whose rights are suspended by a qualified amnesty provision;
- The suspension of prosecutions in a transitional process does not serve to abrogate requirements of international law;
- A forum in which victims and survivors may tell their stories and questions; - Prosecutions should remain an option both during and after the TRC against those perpetrators who did not adequately participate in the process.