Accountability, a new framework to assess the impact of truth commissions

Transcription

1 ICIP WORKING PAPERS: 2015/04 Accountability, a new framework to assess the impact of truth commissions Carlos Fernández Torné

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3 Accountability, a new framework to assess the impact of truth commissions Carlos Fernández Torné Institut Català Internacional per la Pau Barcelona, June, 2015

4 Institut Català Internacional per la Pau c/ Tapineria 10, Barcelona T F Editors Xavier Alcalde and Rafael Grasa Editorial Board Pablo Aguiar, Laia Balcells, Alfons Barceló, Gema Collantes-Celador, Caterina Garcia, Abel Escribà, Tica Font, Antoni Pigrau, Xavier Pons, Mònica Sabata, Jaume Saura, Josep Maria Terricabras and Léonie Van Tongeren Typesseting Atona Víctor Igual, S. L. ISSN (online edition) DL B

5 THE AUTHOR Carlos is currently a PhD Candidate in Universitat Autònoma de Barcelona. He researches how truth commissions contribute to promote accountability. A lawyer by profession with seven years of experience practicing law, he also holds a a master s degree from the the Barcelona Institute of International Relations (IBEI). His dissertation examined the influence of the International Criminal Tribunal for the Former Yugoslavia in transitional justice. Carlos worked in post conflict Nepal from 2008 to 2012, first with the INGO Peace Brigades International and later on with the Office of the High Commissioner for Human Rights. In 2012, Carlos finished a master of advanced studies in peace and international security. His dissertation, published by the International Catalan Institute for Peace, examines the relationship between truth seeking mechanisms and the State s duty to prosecute. Carlos has lived in Thailand, from 2012 to 2015, with regular travels to Nepal and Sri Lanka, the two case studies in his PhD research. Since August 2015, Carlos is living with his family in Seoul, South Korea. This working paper is an earlier draft that builds on part of his PhD thesis Truth Commissions in Nepal and Sri Lanka: assessing their impact on accountability. Thesis directed by Dr. Rafael Grasa Hernández. carlosftorne@gmail.com ABSTRACT This article argues that accountability provides a framework to assess the impact of truth commissions. To that end, it suggests that TCs generate horizontal accountability relations within the state, and vertical accountability relations between the state and civil society. These accountability relations produce accountability in its answerability and enforcement dimensions. Building on this rationality, the article operationalizes accountability relations TCs generate at three different stages. 3

6 Before their establishment, TCs generate indirectly vertical accountability relations between civil society and the state. The prospect of setting up a TC renders the governing regime answerable to civil society. During the period between establishment and release of the report, TCs hold state agencies horizontally accountable generating answerability. Moreover, because TCs are authorized by the State, the truth they disclose becomes state answerability in front of testimonies of violations. In their final reports, TCs put forward recommendations susceptible of generating two more accountability relations. First, horizontally between the governing regime and the state agencies towards which the recommendations are directed. Second, vertically, as civil society pushes the governing regime to implement the recommendations put forward in the TC s final report. These accountability relations, as a result of the recommendations, generate accountability in its enforcement dimension. Keywords: accountability; vertical and horizontal relations; truth commissions; civil society; impact assessment. RESUM L article argumenta que la rendició de comptes proporciona un marc per avaluar l impacte de les comissions de la veritat. Amb aquesta finalitat, suggereix que les CV generen relacions de rendició de comptes horitzontal dins de l estat i relacions de rendició de comptes vertical entre l estat i la societat civil. Aquestes relacions de rendició de comptes produeixen compromís de respondre (answerability) i compliment. Sobre aquesta base, l article operacionalitza les relacions de rendició de compte que les comissions de la veritat generen en tres etapes diferents. Abans del seu establiment, les CV generen indirectament relacions de rendició de comptes vertical entre la societat civil i l estat. L expectativa d establir una CV deixa el regim governant amb el compromís de respondre a la societat civil.

7 Durant el període entre el seu establiment i l emissió de l informe final, les CV fan rendir comptes horitzontalment a les agencies estatals, generant compromís de respondre. A mes, perquè les CV estan autoritzades per l estat, la veritat que revelen es converteix en compromís de respondre estatal davant de testimonis de violacions. En els seus informes finals, les CV proposen recomanacions susceptibles de generar dues relacions mes de rendició de comptes. Primer, horitzontalment entre el regim governant i les agencies estatals cap a les que les recomanacions es dirigeixen. Segon, verticalment, en tant que la societat civil pressiona el regim governamental per a que implementi les recomanacions que la CV ha proposat en l informe final. Aquestes relacions de rendició de comptes, com a resultat de les recomanacions, generen rendició de comptes en la seva dimensió de compliment. Paraules clau: rendició de comptes; rendició de comptes vertical i horitzontal; comissions de la veritat; societat civil; avaluació d impacte. RESUMEN El articulo argumenta que la rendición de cuentas proporciona un marco para evaluar el impacto de las comisiones de la verdad. Con esta finalidad, sugiere que las CV generan relaciones de rendición de cuentas horizontal dentro del estado y relaciones de rendición de cuentas vertical entre el estado i la sociedad civil. Estas relaciones de rendición de cuentas producen un compromiso de responder (answerability) así como cumplimiento. Sobre esta base el articulo operacionaliza las relaciones de rendición de cuentas que las comisiones de la verdad generan en tres etapas distintas. Antes de su establecimiento, las CV generan indirectamente relaciones de rendición de cuentas verticales entre la sociedad civil y el estado. La expectativa de establecer una CV deja al régimen gubernamental con el compromiso de responder a la sociedad civil. Durante el periodo entre su establecimiento y la emisión del informe final, las CV hacen rendir cuentas horizontalmente a las agencias estata- 5

8 les, generando compromiso de responder. Además, debido a que las CV están autorizadas por el estado, la verdad que revelan se convierte en compromiso de responder estatal frente a testimonios de violaciones. En sus informes finales, las CV proponen recomendaciones susceptibles de generar dos relaciones de rendición de cuentas mas. Primero, horizontalmente entre el régimen gubernamental i las agencies estatales hacia las que las recomendaciones se dirigen. Segundo, verticalmente, en tanto que la sociedad civil presiona al régimen gubernamental para que implemente las recomendaciones que la CV ha propuesto en el informe final. Estas relaciones de rendición de cuentas, como resultado de las recomendaciones, generan rendición de cuentas en su dimensión de cumplimiento. Palabras clave: rendición de cuentas; rendición de cuentas vertical y horizontal; comisiones de la verdad; sociedad civil; evaluación de impacto.

9 CONTENTS 1. INTRODUCTION 9 2. THE MEANING OF ACCOUNTABILITY ANSWERABILITY DIMENSION OF ACCOUNTABILITY ENFORCEMENT DIMENSION OF ACCOUNTABILITY DO BOTH ANSWERABILITY AND ENFORCEMENT DIMENSIONS NEED TO BE PRESENT TO QUALIFY AS AN ACCOUNTABILITY RELATION? MAKING ACCOUNTABILITY WORK: VERTICAL AND HORIZONTAL ACCOUNTABILITY HOW DO ACCOUNTABILITY AND TRUTH COMMISSIONS RELATE TO EACH OTHER OPERATIONALIZING ACCOUNTABILITY RELATIONS AND THE PRODUCTION OF ANSWERABILITY AND ENFORCEMENT VERTICAL ACCOUNTABILITY BEFORE THE ESTABLISHMENT OF THE COMMISSION HORIZONTAL ACCOUNTABILITY DURING THE LIFE OF THE COMMISSION PROCESS HORIZONTAL AND VERTICAL ACCOUNTABILITY AS A RESULT OF THE TC S RECOMMENDATIONS IN THE FINAL REPORT OUTCOME HORIZONTAL ACCOUNTABILITY BETWEEN THE GOVERNING REGIME AND THE STATE INSTITUTIONS TOWARDS WHICH THE RECOMMENDATIONS ARE DIRECTED INDIRECT VERTICAL ACCOUNTABILITY BETWEEN CIVIL SOCIETY AND THE GOVERNING REGIME CONCLUSIONS 38

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11 1. INTRODUCTION Truth commissions (TCs) have become a recurrent mechanism for states to deal with and address past human rights violations in the aftermath of conflict or state repression under authoritarian rule. Transitional justice experts and the UN estimate that more than forty TCs have been established in different countries and regions in the past forty years. Often these commissions are established with high expectations. They are expected to help post-conflict societies establish the facts about past human rights violations, foster accountability, preserve evidence, identify perpetrators and recommend reparations and institutional reforms. 1 Despite these expectations, literature of the past decade has raised doubts regarding the impact of TCs, pointing at the need for more empirical research. 2 Existent research has examined the positive or negative impact of transitional justice mechanisms on, among others variables, post-conflict peace duration, 3 repression, 4 or human rights and democracy. 5 When it comes to assessing the impact of TCs one of the real challenges is to isolate their effects from other ongoing factors in a transition. The fact that TCs are themselves a product of the transition further complicates this exercise United Nations Secretary-General, The Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies, S/2004/616, 2004, para David Mendeloff, «Truth-Seeking, Truth-Telling, and Postconflict Peacebuilding: Curb the Enthusiasm?,» International Studies Review 6(2004): ; Eric Brahm, «Uncovering the Truth: Examining Truth Commission Success and Impact,» International Studies Perspectives 8(2007): 16-35; Oskar N.T. Thoms, James Ron, and Roland Paris, «State-Level Effects of Transitional Justice: What Do We Know?,» The International Journal of Transitional Justice 4(2010): Tove Grete Lie, Helga Malmin Binningsbø, and Scott Gates, «Post-Conflict Justice and Sustainable Peace,» World Bank Post-Conflict Transitions Working Paper Series(2007). 4. Hunjoon Kim and Kathryn Sikkink, «Explaining the Deterrence Effect of Human Rights Prosecutions for Transitional Countries,» International Studies Quarterly 54(2010): Tricia D. Olsen, Leigh A. Payne, and Andrew G. Reiter, «The Justice Balance: When Transitional Justice Improves Human Rights and Democracy,» Human Rights Quarterly 32(2010). 6. Brahm, supra n 2 at 28. 9

12 In this paper, I propose to assess the impact of truth commissions on accountability. To that end, section one delves into the concept of accountability in its two dimensions of answerability and enforcement. Section two examines the horizontal and vertical levels of interaction in which accountability takes place. Building on this twofold distinction, section three puts forward the argument that TCs generate horizontal and vertical accountability relations and it is within this relations that accountability, in its answerability and enforcement dimensions, is produced. Section four operationalizes accountability relations before the establishment of a TC; from the establishment to the release of the final report; and as a result of its recommendations in the final report. It proposes indicators to assess when these accountability relations generate answerability and enforcement. 10

13 2. THE MEANING OF ACCOUNTABILITY Accountability is a broad concept. The concept goes back to accounting in the literal sense of bookkeeping. Dubnick traces its origins to the reign of William the Conqueror, the first Norman King of England. In 1085 the King ordered the compilation of a survey of the landholdings. All the property holders were required to render a count of what they possessed. 7 In the last decades the word has spread to other fields, beyond finance and bookkeeping, such as democratic governance or human rights. In democratic governance, those who govern are required to be accountable to those who elect them. In the human rights arena, calls for accountability express the need to punish perpetrators of human rights violations. As Bovens notes, the accounting relationship has reversed: it is not anymore the sovereign holding accountable the subjects but the other way around. 8 In a broad sense, accountability refers to the processes of holding public officials answerable for their actions. The idea is to restrain those who hold power. In this sense, Schedler defines accountability as having two dimensions, answerability and enforcement. 2.1 ANSWERABILITY DIMENSION OF ACCOUNTABILITY There is general agreement in the literature about the meaning of answerability in accountability. Answerability is understood as encompassing the obligation of officials to inform about a decision and to explain the reasons behind taking that decision. Schedler defines the informational dimension as comprising the right of accounting agen- 7. Quoted in Mark Bovens, «Analysing and Assessing Accountability: A Conceptual Framework,» European Law Journal 13, no. 4 (2007): Ibid. 11

14 cies to receive information and the corresponding obligation of accountable actors to release all necessary details. In this informational dimension, the exercise of accountability involves elements of monitoring and oversight, finding facts and generating evidence. The explanatory dimension of accountability implies the right of accounting agencies to receive an explanation and the corresponding duty of accountable actors to justify one s conduct. Here the norm of accountability subjects power to the logic of public reasoning. 9 Fox refers to answerability understood as the fundamental right to call those in authority to justify their decisions. 10 For Fox answerability is the soft face of accountability. For Bovens accountability has a close semantic connection to answerability because in an accountability relation a forum can interrogate an actor; the actor has the obligation to explain and justify his conduct; and the forum can question the information provided or the legitimacy of the conduct. 11 After a review of the existing literature, Lindberg finds a general agreement in what constitutes the core of accountability. He argues that it includes an agent or institution who is to give an account; an area, responsibilities, or domain subject to accountability; a principal to whom the agent is to give account; and the right of the principal to require the agent to inform and explain decisions with regard to the area or domain. 12 Although he does not refer explicitly to answerability, Lindberg s definition includes the agent s obligation to inform and to explain decisions. The literature reviewed shows a general agreement in the content of what Schedler calls the answerability dimension of accountability. This agreement is lacking in what he refers to as the enforcement dimension. 9. Andreas Schedler, «Conceptualizing Accountability,» in The Self-Restraining State: Power and Accountability in New Democracies, ed. Andreas Schedler, Larry Diamond, and Marc F. Plattner(Lynne Rienner, 1999), Jonathan Fox, «The Uncertain Relationship between Transparency and Accountability,» Development in practice 17, no. 4-5 (2007): Bovens, supra n 7 at Staffan I. Lindberg, «Accountability: The Core Concept and Its Subtypes,» Africa Power and Politics Programme, no. Working paper n.1 (2009): 9. 12

15 2.2 ENFORCEMENT DIMENSION OF ACCOUNTABILITY There is no agreement in the literature on whether the enforcement dimension of accountability entails punishment exclusively or it encompasses other measures. For Schedler enforcement implies the idea that accounting agencies punish improper behavior and that those held to account suffer the consequences. 13 He contends that the destruction of reputation through public exposure is one of the main tools of accountability. But when it comes to illegal behavior, such as corruption or human rights violations, he advocates for appropriate legal sanctions. 14 Similarly, Fox talks about the hard face of accountability which includes answerability plus the possibility of sanctions. 15 As Schedler, Fox sustains that the argument of the public exposure falls apart when the gap between the transgression and the answerability process is very large. 16 But Fox definition of hard accountability includes, besides sanctions, also compensation and/or remediation. 17 Similarly, Bovens considers the term sanction as excluding redress or reparation and, instead, refers to the possibility that the one being held accountable may face consequences. 18 It is precisely these consequences what differentiates accountability from non-committal provision of information. 19 These consequences may be formal, such as fines, disciplinary measures, civil remedies or even penal sanctions, ( ) or informal, such as the very fact of having to render account in front of television cameras. 20 And Bovens sustains the accounting agency doesn t need to be the one enforcing those consequences but it could be left to another agency Schedler, supra n 9 at Schedler, supra n 9 at Fox, supra n 10 at Jonathan Fox, Jonathan Fox, «Civil Society and Accountability Politics,» in Accountability Politics: Power and Voice in Rural Mexico(Oxford University Press, 2007), Fox, supra n 10 at Bovens, supra n 7 at Ibid., Ibid., Ibid. 13

16 Bringing in another perspective, Lindberg sustains accountability only needs the right to sanction for failure to provide information or to justify a decision and not for the content of the decision and its consequences. 22 The sanction is here because the accounting agency fails to fulfill the answerability dimension, the obligation to inform and explain a decision, rather than to punish the conduct carried out. In other words, here the enforcement dimension would cease to exist as a response to improper behavior, or to redress or repair a harm done. This argument raises the question of whether both dimensions need to exist to describe a relation as one of accountability. 2.3 DO BOTH ANSWERABILITY AND ENFORCEMENT DIMENSIONS NEED TO BE PRESENT TO QUALIFY AS AN ACCOUNTABILITY RELATION? Schedler s understanding of accountability as a radial concept accepts that acts of accountability can exist without one or two of its dimensions, be it information, justification or punishment. As a radial concept, the three dimensions of information, justification and punishment. Do not form a core of binary defining characteristics that are either present or absent and that must be present in all instances we describe as exercises of accountability. They are continuous variables that show up to different degrees, with varying mixes and emphases. 23 Schedler concludes that accountability must be regarded as a «radial» concept whose «subtypes» or «secondary» expressions do not share a common core but lack one or more elements that characterize the prototypical «primary» category. 24 If we consider accountability as a radial concept only one of its dimensions, be it answerability, either as information or justification, or enforcement would be enough. 22. Lindberg, supra n 12 at Schedler, supra n 9 at Ibid. 14

17 Another issue, which is left unaddressed in the literature, is how much information, justification or enforcement would be required to conceive someone is being rendered accountable. 25 Schedler refers to the Chilean and South African truth commissions as agencies of accountability that have considered accountability mainly as answerability and that have relied on a soft form of punishment, the public exposure of criminal action. 26 Conversely, Schedler points at elections where accountability is exclusively a matter of sanctions. Through the ballot voters hold politicians accountable punishing past behavior even if between elections incumbents may continually disclose their actions and justify them. 27 Beyond this conceptual understanding as answerability and enforcement, accountability takes place within a relation in which, at least one side, represents the state. The next section operationalizes this concept through the distinction between vertical and horizontal accountability. Only then we will have all the elements to delve into the relation between accountability and TCs. 25. Quoting Fox «how much answerability, or what kinds of sancions, are enough in any given case to count». Fox, supra n 16 at Schedler, supra n 9 at Ibid.,

18 3. MAKING ACCOUNTABILITY WORK: VERTICAL AND HORIZONTAL ACCOUNTABILITY This section will look at the two levels of interaction in which accountability takes place: horizontally between state agencies and vertically between non-state and state actors. Following O Donnell, horizontal accountability is, The existence of state agencies that are legally enabled and empowered, and factually willing and able, to take actions that span from routine oversight to criminal sanctions or impeachment in relation to actions or omissions by other agents or agencies of the state that may be qualified as unlawful. 28 On the other hand, vertical accountability refers to the state being held to account by non-state agents, mainly by citizens and their associations. 29 Elections would be the example of citizens holding accountable those in office. For some, electoral accountability would be the only instance of vertical accountability. The reason being that it is the only relationship that gives citizens formal authority of oversight and/or sanction over public officials. But as Fox points out the problem with this narrow definition is that it excludes many of the processes which are not based on formal authority but generate political accountability in practice. 30 Thus vertical accountability would also include processes through which citizens organize themselves into associations capable of lobbying governments, demanding explanations and threatening less formal sanctions like negative publicity. 31 These processes can take 28. Guillermo O Donnell, «Horizontal Accountability in New Democracies,» ibid., ed. Andreas Schedler, Larry Diamond, and Marc F. Plattner, Anne Marie Goetz and Rob Jenkins, Voice, Accountability and Human Development: The Emergence of a New Agenda, 2002, Fox, supra n 16 at Goetz and Jenkins, supra n 29 at 7. 16

19 place against those who occupy positions in state institutions either if they have been elected or not. O Donnell includes social demands to denounce wrongful acts of public authorities, helped by a reasonably free media, as dimensions of vertical accountability. 32 Other authors refer to these processes as societal accountability, a third way of holding governments accountable. 33 These processes bring new issues into the public agenda and/or activate the operation of horizontal agencies. What differentiates these demands in a relation of vertical or societal accountability is that the state is compelled to respond. If there is no state answerability, the actions of citizens associations, movements and media are voice understood to describe how citizens express their interests, react to governmental decision-making or the positions staked out by parties and civil society actors, and respond to problems in the provision of public goods. 34 While horizontal accountability relations are built on the basis of state agencies legally enabled to scrutinize actions by other state agencies, vertical accountability relations between non-state and state actors are more ambiguous. To qualify a relation as vertical accountability the state needs to be rendered accountable to the civil society. The next section will examine the relation between TCs and accountability in light of its answerability and enforcement dimensions as well as the horizontal and vertical relations. 32. O Donnell, supra n 28 at John Ackerman, «Co-Governance for Accountability: Beyond «Exit» and «Voice»,» World Development 32, no. 3 (2003): Goetz and Jenkins, supra n 29 at 9. 17

20 4. HOW DO ACCOUNTABILITY AND TRUTH COMMISSIONS RELATE TO EACH OTHER Truth commissions are by nature agencies of horizontal accountability set up by the State to independently verify on excesses carried out by it-self. Freeman defines a TC as: An ad-hoc autonomous victims centered commission of inquiry set up in and authorized by a state for the primary purposes of (1) investigating and reporting on the principal causes and consequences of broad and relatively recent patterns of severe violence or repression that occurred in the state during determinate periods of abusive rule or conflict, and (2) making recommendations for their redress and future prevention. 35 As agencies set up by the state, TCs are vested with formal authority. They are legally enabled and empowered by the executive branch or by the legislative. 36 In other cases they are authorized by a peace agreement 37 or domestic legislation expanding the terms of reference under a peace agreement. 38 TCs inquire about excesses perpetrated by the state either in the aftermath of conflict or state repression under authoritarian rule. In post-conflict scenarios TCs can also inquire about excesses perpetrated by non-state actors, usually members of a politically motivated, nonstate armed group responsible for conflict-related international crimes. In carrying out their investigation, TCs generate horizontal accountability relations with other state agencies, such as security forces 35. Mark Freeman, Truth Commissions and Procedural Fairness(New York: Cambridge University Press, 2006), In Latin America usually through presidential decree such the TCs in Bolivia (1982), Argentina (1983), Chile (1990), Uruguay (2000), Panama (2001), and Peru (2001). In South Africa (1995), Ghana (2002) and Kenya (2009) through the legislative branch. 37. Truth commissions in El Salvador (1992) and Guatemala (1997). 38. Like in Sierra Leone (2002), Democratic Republic of Congo (2004), and Liberia (2006). 18

21 or the judiciary, among others. Specifically, TCs produce answerability through holding state agencies horizontally accountable. Here, the commission s strength and reach will depend on its mandate and powers. These powers will also shape the extent of the obligation of state officials to inform about a decision and to explain the reasons behind taking that decision. At the same time, independently from their interaction with other state agencies, the exercise of accountability also involves an active fact-finding and evidence generating by the commission, usually referred as truth seeking. Because TCs are authorized by the state, the truth it discloses becomes state answerability in front of testimonies of violations. As a result of the investigation done, TCs come up with recommendations intended to redress the harm done to victims and to avoid reoccurrence. These recommendations usually include the design of reparation programs, the reform of institutions and recommendations to prosecute perpetrators. These recommendations compiled in the final report correspond to the enforcement dimension of accountability, as defined by Fox and Bovens. For Fox, it is the concept of hard accountability, which includes besides sanctions also compensation or remediation. For Bovens, it is the reference to the possibility that those held to account may face consequences, which includes, beyond sanctions, redress or reparation. But as Bovens sustains the accounting agency doesn t need to be the one enforcing those consequences. This is the case for TCs insofar they only put forward recommendations in their final report which are left to be enforced by other state agencies. These recommendations can potentially generate a second horizontal accountability relation. In this case, the governing regime that receives the report has the authority to compel the state agencies, towards which the recommendations are directed, to implement them. The state agencies become accountable to the governing regime. This horizontal accountability relation generates accountability in its enforcement dimension. Beyond these horizontal accountability relations, TCs also generate vertical accountability relations between civil society and the state. This vertical accountability is generated indirectly insofar it is not gen- 19

22 erated by the TC but because of it. This happens in two different phases: before the establishment of the TC and as a result of the TC s recommendations in the final report. Before its establishment, it is the prospect of setting up a TC that renders the governing regime answerable to the civil society. Here the accountability relation generates answerability. After the release of the report, vertical accountability is generated when civil society presses the governing regime to implement the commission s recommendations. This vertical accountability relation generates accountability in its enforcement dimension. The next section develops the argument that TCs generate horizontal and vertical accountability relations and that it is within these relations that accountability is produced in its answerability or enforcement dimensions. 20

23 5. OPERATIONALIZING ACCOUNTABILITY RELATIONS AND THE PRODUCTION OF ANSWERABILITY AND ENFORCEMENT To operationalize the accountability relations that TCs generate, this section looks into three different stages. Before their establishment, TCs generate indirectly vertical accountability relations between civil society and the state. During the period between establishment and release of the report, TCs hold state agencies horizontally accountable. As a result of their final reports, TC s generate, first, a relation of horizontal accountability between the governing regime and the state agencies towards which the recommendations are directed; second, a relation of vertical accountability between the civil society and the governing regime. At the same time, to delve into the accountability produced in its answerability and enforcement dimension, the section brings in the distinction between actual and potential functions. Actual functions refer to those TCs carry out on their own while potentialities refer to those the commission can only make recommendations. While actual functions generate accountability in its answerability dimension, potentialities generate accountability in its enforcement dimension. Indicators are put forward to suggest the production of answerability and enforcement VERTICAL ACCOUNTABILITY BEFORE THE ESTABLISHMENT OF THE COMMISSION The decision to establish a TC is usually a compromise between two sides. In post-conflict contexts between two former warring parties. In post-authoritarian States between usually a previous oppressive regime and a newborn democracy. The TC compromise is part of a broader agreement to transition from the old to the new. 21

24 Calls to address previous violations might come from inside the country, from victims and civil society, or from the international community. Confronted with mounting pressure, the State response might be to establish a TC. As Hayner writes, In the peace talks of Sierra Leone in 1999, the Democratic Republic of the Congo in 2002, Liberia in 2003, and in many other contexts, there has been either an explicit or an implicit link between an agreement for a truth commission and an agreement, understanding, or hope that there would be no trials. 39 Thus TCs might be envisaged as a way to avoid resorting to other retributive mechanisms, such as trials. Regardless of the reasons, the prospect of setting up a TC will generate an interaction between the civil society and the governing regime. If the pressure from civil society is decisive for the state to set up a TC, it means the state is being rendered answerable. A second indicator of state answerability is whether the pressure from civil society brings about changes in the mandate, powers, and appointment of commissioners or any other relevant aspect of the commission. For instance, the need for new legislation to set up a TC opens the possibility for victims and broader civil society to participate and engage in the process through putting forward amendments or new demands. State answerability to these demands suggests the prospect of establishing a TC is generating accountability. Figure 1 shows this relation of vertical accountability between the civil society and the state. 39. Priscilla Hayner, Unspeakable Truths: Transitional Justice and the Challenge of Truth Commissions(New York and London: Routledge, 2011),

25 Figure 1: Accountability relations. Source: Author As we can see, civil society demands to set up a TC are being directed to the governing regime. Due to the pressure from civil society, the governing regime is compelled to be answerable. The setting up of a TC, as a mechanism of horizontal accountability to verify on excesses carried out by the state, suggests the governing regime is being accountable vertically to the civil society. But the specific dynamics should be gauged in every case. While setting up a TC might be a concession by the state faced with mounting pressure, it could also be a way of avoiding imminent prosecutions. In Nepal, the reasons behind the establishment of a commission of inquiry into disappearances (COID) and a truth and reconciliation commission (TRC), to deal with violations committed during the armed conflict that ended in 2006 were completely different. The idea to establish a COID conformed to the local practices in which Nepal 23

26 had dealt with episodes of state-sponsored violations. Faced with mounting pressure from civil society, the State resorted to its domestic legislation in the setting up of these commissions. In doing so, the government was diverting investigations from the traditional criminal system into ad hoc mechanisms controlled by the government itself. 40 In 2007 the Supreme Court of Nepal ruled that a commission established under this legislation would not comply with international human rights norms and compelled the State to enact new legislation. On the other hand, the idea to establish a TRC was more of an international suggestion, with little domestic debate and with a view to the South African model of truth in exchange for amnesty. 41 Figure 1 also shows the governing regime being vertically accountable to the civil society calls to amend legislation establishing a TC. In Nepal, besides the agreement on the need for new legislation, there were calls for the Government to carry out consultations. These consultations opened a space for victims and civil society organizations to put forward their demands in the form of amendments to the draft legislation. Strong opposition by victims and civil society frustrated attempts by various governments to incorporate amnesty provisions to the bills. Finally, on 25 April 2014, the Legislature-Parliament of Nepal passed the Truth and Reconciliation Commission and the Commission on Enforced Disappearances Act. The Act has been criticized for breaching both international human rights law and the Nepal Supreme Court decision of 2 January Among other concerns, the Act grants amnesty to perpetrators of serious violations of human rights. Some victim and civil society organizations have strongly opposed the Act calling for its amendment as a prior condition to engage with the commission. 40. International Commission of Jurists, Commissions of Inquiry in Nepal: Denying Remedies, Entrenching Impunity, 2012, Executive Summary. 41. International Crisis Group, Nepal: Peace and Justice, 184, 2010,

27 5.2 HORIZONTAL ACCOUNTABILITY DURING THE LIFE OF THE COMMISSION PROCESS In his definition, Freeman differentiates between two primary purposes of TCs: (1) investigate and report and (2) make recommendations. This distinction is between what TCs can effectively do and what they cannot do but can only recommend doing. In his report from August 2013, the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence refers to actual functions and potentialities to differentiate between those the commissions can carry out on its own and those for which they can merely make recommendations. 42 Actual functions include fact-finding and victim tracing aimed at clarifying the facts surrounding violations, the identity of perpetrators and the fate of individual victims when their whereabouts are unknown. With regards to victim tracing, in some cases TC take responsibilities for identifying burial sites and even for carrying out exhumations. But in case of large numbers of victims, TCs will need support from other institutions. 43 In carrying out fact-finding and victim tracing TCs are vested with investigative powers. Through these powers TCs interact with a range of state agencies, such as security forces or the judiciary. It is during these interactions that TCs hold state officials accountable through requesting the release of all necessary details (informational dimension) as well as to provide an explanation to their acts (argumentative dimension). It is through holding state officials horizontally accountable that TCs generate answerability. But investigative powers have differed considerably and in some cases TCs have not been legally empowered to interrogate state officials or to order the submission of documents and evidence. Beyond generating horizontal accountability through interactions with the 42. Special Rapporteur on the promotion of truth justice reparation and guarantees of non-recurrence, Report to the Human Rights Council, A/HRC/24/42, 2013, para Ibid. para

28 state officials, TCs have relied on their own investigation and information from victims, human rights organizations and broader civil society to establish facts, find out the whereabouts of victims or to hold accountable perpetrators or institutions responsible for such violations. Figure 2 shows this interaction. Figure 2: Accountability relations. Source: Author As we can see, TCs carry out fact-finding and victim tracing functions while interacting with state agencies and with civil society. But the figure shows the different nature of these relations. On the one hand, their interaction with the state agencies, such as the state security forces, is a result of the powers the commission wields. The commission uses these powers to hold officials accountable through requesting them to release necessary details and the reasons behind their actions (the red color of the arrow shows the horizontal accountability rela- 26

29 tion). As for the relation with civil society, it is not based on accountability (the arrow representing the interaction is now black). Victims, witnesses, and broader civil society are a source of information to establish facts and to collect evidence. However, because of the nature of TCs as agencies of horizontal accountability authorized by the state, the truth disclosed becomes state answerability in front of thousands of testimonies of violations collected from victims, witnesses and NGO records (the black arrow changes into red color as input from civil society feeds into the answerability dimension of horizontal accountability). In Argentina or Chile for instance, truth commissions lacked any power to subpoena military officers or to order the submission of documents from military institutions. In both cases the commissions received little cooperation from the armed forces. 44 These limitations were balanced through information collected from victims and human rights organizations. The Argentinian National Commission on the Disappeared (CONADEP following the commission s name in Spanish) took over statements documenting persons who had disappeared and most human rights organizations assisted the inquiry providing information on the disappeared. 45 In Chile, the National Commissions on Truth and Reconciliation took testimony from families of those disappeared or killed on the basis of extensive records of non-governmental organizations. Nor did the Commission on the Truth for El Salvador have subpoena or search and seizure power. The commission took testimony from some two thousand victims and witnesses, reporting on over seven thousand cases of killings, disappearances, torture, rape and massacres. 46 But as opposed to Argentina or Chile, in El Salvador the commission named those responsible as a result of its investigation. Among them, members of the armed forces implicated in the commission of crimes; the civil and judicial servants who failed to investigate such crimes; and members of the insurgent armed group implicated 44. Hayner, supra 39 at Ibid. 46. Ibid.,

30 in perpetrating acts of violence. 47 Naming perpetrators is a step forward in the answerability a commission generates. As opposed to the early Latin American commissions, vested with few powers, in Commonwealth countries, commissions have traditionally had a wide range of important investigative powers, like subpoena, search and seizure and witness protection. 48 For instance the South African Truth and Reconciliation Commission (SATC) had all these powers. However, according to Hayner it employed its subpoena and search and seizure powers only a handful of times. 49 The commission collected information through public hearings. Those who had committed politically motivated crimes, including gross violations of human rights, could be granted amnesty in exchange for full disclosure of the whole truth in relation to those crimes. Perpetrators were answerable not only to the commission but also to the victims. According to Hayner, despite the difficulties and frustration, it seems clear that significant and detailed information emerged from the amnesty process that contributed to the broader goal of revealing the truth. 50 As a result of the fact-finding and victim tracing carried out, TCs generate new truth, disclosed mainly through the publication of the final report but also in public hearings. This new truth is, on the surface, the result of the fact-finding and victim tracing functions. But because of the nature of TCs as agencies of horizontal accountability authorized and empowered by the state, what is being disclosed are outputs of accountability in its answerability dimension. Box 1 compiles indicators showing when a TC is generating answerability as a result of the fact-finding and victims tracing functions. Indicators, formulated as questions, of answerability as a result of fact-finding and victim tracing (actual functions). 47. The commission on the truth for El Salvador, «From Madness to Hope: The 12 Year War in El Salvador: Report on the Commission on the Truth for El Salvador,» (1993). 48. Freeman, supra 35 at Hayner, supra 39 at Ibid.,

31 Box 1: Indicators of answerability as a result of actual functions. Have the main actors involved been answerable to the commission? Has the TC acknowledged that state agencies committed violations of human rights/ international humanitarian law? Has the TC disclosed new information surrounding violations or evidence of violations committed? Has the TC disclosed the fate of victims? Has the TC identified burial and exhumations have started being carried out? Has the TC attributed responsibility, such as naming perpetrators and institutions involved in committing violations? Source: Author. So far we have examined the fact-finding and victim tracing functions. On the other hand potential functions refer to those the commission does not carry out on its own but rather puts forward recommendations that will need to be implemented by other state agencies. They are a consequence of the actual functions, a proposal to redress the harm done and avoid repetition. Potentialities include victim redress through the design of comprehensive reparation programs, prevention of further violations through the reform of institutions, and contributing to prosecution Here I deviate from the classification made by the Special Rapporteur (SR). In its report, the SR refers to «victim redress» and «preventive» functions as potentialities while «contributing to prosecutorial efforts» and «reconciliation» as additional functions. In my case, I consider «contributing to prosecutions» as a potentiality and I don t include «reconciliation» as a function of TCs. I deviate from the SR because he examines mandates of TCs and functions they have increasingly been given over time. Thus he doesn t discuss whether «contributing to prosecutorial efforts» is a potential function or not but rather explains it is an additional function TCs have been given overtime. I have decided to include it as a potentiality because «contributing to prosecutorial efforts» is also a recommendation TCs can include or not in their final report. As in the case of victim redress and prevention of further violations, contributing to prosecution is a recommendation to be implemented by another state agency. Conversely, I don t consider «reconciliation» as a potential function. Although some TCs reports 29

32 These potentialities usually consist of recommendations to other state institutions to implement. Some of them are outlined in the following box. TC s recommendations (potentialities). Box 2: List of recommendations TCs could eventually put forward. Recommendation to carry out exhumations- Victim redress Recommendations concerning the design of reparation programs-victims redress Individual responsibility: Recommendation to prosecute are put forward and evidence gathered is handed over to prosecutorial agencies Prosecutorial Recommending vetting of perpetrators for new positions, promotions Preventive Recommending dismissal of perpetrators form security forces, civil service Preventive Recommending disqualification from holding public office to those who committed violations Preventive also put forward recommendations for «reconciliation» they consist of recommendations to fulfill other functions. For instance, the El Salvador TC recommendations for reconciliation are essentially measures to provide material and moral compensation. In its recommendations, the TC of Guatemala considers that truth, justice, reparations and forgiveness are the foundations for the consolidation of peace and for national reconciliation. In the same spirit, the SR reiterates, «meaningful reconciliation requires, in addition to truth, the implementation of the remaining three elements: justice, reparation and guarantees of non-recurrence. Thus truth commissions on their own cannot achieve reconciliation, and the inclusion of the term in their titles likely generates expectations that cannot be satisfied» (Special Rapporteur, supra n 43 at para. 47). 30

33 Institutional responsibility Recommending the reform of security forces, and other state institutions (administration of justice) to prevent repetition Preventive Changes in legislation in adherence with protection of human rights Preventive Source: Author. The box compiles a list of possible recommendations in the final report of a TC. These are potentialities insofar they are a list of measures the commission only puts forward. In fact, it is usually with the submission of the final report that TCs finish their work. But the impact of the recommendations is merely beginning. 5.3 HORIZONTAL AND VERTICAL ACCOUNTABILITY AS A RESULT OF THE TC S RECOMMENDATIONS IN THE FINAL REPORT OUTCOME I will look here into both horizontal and vertical accountability relations generated as a result of the TC s recommendations compiled in the final report HORIZONTAL ACCOUNTABILITY BETWEEN THE GOVERNING REGIME AND THE STATE INSTITUTIONS TOWARDS WHICH THE RECOMMENDATIONS ARE DIRECTED Once a TC submits the final report it finishes its work. So, at the point when the implementation of recommendations has yet to begin, the TC ceases to exist. Thus, when CONADEP, the TC in Argentina, recommends in its final report that, the courts process with the utmost urgency the investigation and verification of the depositions re- 31

34 ceived, 52 it begs the question of who is responsible for implementing the recommendations. Is it for the courts or the President to whom the final report has been submitted? If all the actors were to follow the script, the governing regime would follow through with the implementation; for one thing it was the state who set up the commission in the first place. Through the release of the report, the TC is handing over to the governing regime a potential to-do list of measures intended mainly to redress victims and prevent repetition. The governing regime takes over as the accounting agency and the various state institutions towards which the recommendations are directed become the accountable actors. However, this course of action doesn t take fully into account the complexity of transitions and the fact that it was the same state institutions the ones responsible for committing violations or for not doing enough to investigate and punish perpetrators. Those same institutions may still be under the officers and civil servants from the previous regime, some of them responsible for violations and even named in the commission s final report. This complicates the implementation of the TC s recommendations by the governing regime. Recommendations for prosecution, vetting, dismissal and other measures of individual or institutional responsibility might derail an already frail transition. For some, this raises concerns about the destabilizing nature of TCs in dealing with a recent past of violations. For others, it shows the inefficiency of TCs as agencies of accountability when the time to deliver arrives. In any case, the recommendations are, formally, still potentialities. However, as opposed to the TC, the governing regime that now owns them has the ability to implement them. Substantively, the recommendations are the enforcement dimension of accountability, what Fox refers as hard accountability, which includes sanctions, compensation and/or remediation, or Bovens refers as the consequences 52. Recommendations, Nunca Más (Never Again), Report of Conadep, 1984, available htm [accessed 21 May 2014] 32

35 those held to account might face, which includes sanctions, redress or reparation. If the answerability dimension of accountability was fulfilled through fact-finding and generating evidence, the enforcement dimension is fulfilled by sanctioning responsible individuals and institutions and by compensating and providing remedies to victims. This horizontal accountability relation, between the governing regime and the state agencies, towards which the recommendations are directed, generates accountability in its enforcement dimension. Figure 3 : Accountability relations Source: Author. Figure 3 shows the horizontal accountability relation between the governing regime and the state agencies. In the first place the governing regime receives the final report with the recommendations to redress victims, to prevent reoccurrence and to contribute to prosecutions. These recommendations are directed to the governing regime (as indicates the black arrow). As the TC ceases to exist, the governing regime takes over as the accounting agency and the state agencies, towards which the recommendations are directed, become the accountable actors. The change in the color of the arrows symbolizes the mutation of the recommenda- 33

36 tions: the governing regime has now the power to compel the state agencies to implement them. The implementation of the recommendations are outputs of accountability in its enforcement dimension. At this point it is possible that the governing regime decides not to actively pursue the implementation of recommendations or just carries on with those non controversial. The way the governing regime deals with the situation at this key juncture will depend on the response from civil society INDIRECT VERTICAL ACCOUNTABILITY BETWEEN CIVIL SOCIETY AND THE GOVERNING REGIME The recommendations put forward by the TC s final report generate indirectly a relation of vertical accountability between civil society and the governing regime. Indirectly insofar it is generated not by the commission but because of it. This accountability is a consequence of the recommendations put forward by the TC; but the TC cannot generate it because it has ceased to be the accounting agency legally enabled and empowered by the state. Now the civil society is the new accounting agency that generates vertical accountability while the accountable actors are not anymore the state agencies that committed violations or failed to prevent them. The accountable actor, answerable to the civil society, is the governing regime as it has the power to act upon the recommendations put forward by the commission. 34

37 Figure 4: Accountability relations Source: Author. Figure 4 shows this new accountability relation. In the first place, the recommendations put forward by the TC are not only for the government consumption. They are also directed to the victims and broader civil society, who in front of the governing regime inactivity to hold accountable the state agencies (as shown in Figure 3) become the new accounting agency. At this point, civil society needs the capacity to press the governing regime to implement the recommendations. In doing so, the governing regime becomes vertically accountable to civil society. In this regard, Fox points out that agencies of horizontal accountability, such as TCs, rarely have sufficient institutional clout to be able to act on their findings, whether by proposing mandatory sanctions, policy changes, protection from violations, or compensation for past abuses. 53 For him, in order to address these issues of hard accountability it is necessary to deal with both the nature of the governing 53. Fox, supra n 10 at

38 regime and civil society s capacity to encourage the institutions of public accountability to do their job. 54 Because of the inherent circumstances in post conflict or post-authoritarian settings, in all likelihood civil society will be weak as freedom of expression and other political rights might be curtailed. But as the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence points out, In the end, the fate of recommendations depends to a large extent on the leadership, advocacy and persistence of civil society organizations. 55 Even in those cases where the TC final report recommends the establishment of a monitoring body to oversee the implementation of recommendations, this mechanism will still be accountable to the civil society. In fact civil society are usually part of this mechanism. In Guatemala, the TC final report recommended the establishment of the Fundación por la Paz y la Concordia, with representation from the state and the civil society, to support, promote and keep an eye on the observance of the recommendations. 56 However this mechanism was rejected and never established. The civil society will still be key in cases where the recommendations are mandatory, as their obligatory nature does not presuppose their implementation. The implementation of the Commission on the Truth s recommendations in El Salvador was mandatory with the United Nations Mission in El Salvador pushing for the implementation of those outstanding. 57 However, many of these compulsory recommendations were never implemented. Building on the previous two accountability relations, horizontal, between the governing regime and the state institutions, and vertical, between the civil society and the governing regime, it is possible to isolate the accountability generated in its enforcement dimension. The box below compiles indicators of enforcement as a result of the 54. Ibid., Special Rapporteur, supra 43 at para La Comisión para el Esclarecimiento Histórico, «Guatemala: Memoria Del Silencio,» ( ). 57. Hayner, supra 39 at

39 TC s recommendations. These indicators can assess the production of enforcement in the short (1 year), medium (5 years) and long term (10 years). Box 3: Indicators of enforcement as a result of potentialities. Have exhumations been carried out? Victim redress Have reparations programs been implemented? Victims redress Individual responsibility: Have prosecutions taken place? Prosecutorial Have perpetrators been vetted to new positions, promotions? Preventive Have perpetrators been separated from State institutions, such as security forces, civil service, and administration of justice? - Preventive Have those who committed violations been disqualified from holding public office? Preventive Institutional responsibility Have institutions responsible for violations been reformed? Brought under civilian control? Preventive Have other measures to prevent future violations been adopted? Such as establishing agencies to provide checks and balances; changes in legislation in adherence with protection of human rights Preventive Source: Author. Box 3 suggests the implementation of the TC s recommendations to redress victims, to prevent reoccurrence and to prosecute indicate outputs of accountability in its enforcement dimension. 37

40 6. CONCLUSIONS Accountability provides a conceptual framework to analyze the impact of truth commissions. In the first place, TCs are by their very nature agents of horizontal accountability set up by the state to independently verify on excesses carried out by itself. This paper has examined how TCs generate both horizontal and vertical accountability relations and how these relations produce accountability in its answerability and enforcement dimension. Even before its establishment, TCs generate indirectly vertical accountability relations. Indirectly insofar these relations are generated not by the commission but because of it. It is the prospect of setting up a TC that generates vertical accountability relations between the civil society and the governing regime. Specifically, civil society demands to establish a TC, or to bring about changes in the mandate, powers, and appointment of commissioners or any other relevant aspect of the commission, produces answerability when the state is compelled to follow through. From the establishment of the commission and until the report is released, TCs carry out fact-finding and victim tracing, the two actual functions TCs are able to do on their own. In conducting fact-finding and victim tracing TCs interact with state agencies and with victims, NGOs and broader civil society. The nature of these interactions is, however, completely different. The interaction with other state agencies, such as the state security forces, is framed within a relation of horizontal accountability and is based on the powers the commission wields. TCs use these powers to summon officials, request them to release information, to submit documentation and other evidence. This relation of horizontal accountability generates answerability. However, traditionally TCs have not produced so much answerability through interacting with other state agencies, such as security forces. In most cases they haven t had subpoena powers, search and seizure or witness protection. In cases where they had these powers, such as the South African TRC, they only used them a handful of times. As for the interaction with civil society, it is not based on a relation 38

41 of horizontal accountability. Victims, witnesses, and broader civil society are a source of information to establish facts and to collect evidence. However, because of the nature of TCs, as agencies of horizontal accountability authorized and empowered by the State, the truth disclosed becomes state answerability in front of thousands of testimonies of violations collected from victims, witnesses and NGO records. This answerability materializes during public disclosures, such as the publication of the final report or through public hearings where facts and evidence are unveiled or responsibility attributed. The paper sets out indicators showing when a TC generates answerability as a result of the fact finding and victim tracing functions. In their final report TCs put forward recommendations that will need to be implemented by other state agencies. These recommendations usually include a set of measures to provide redress to victims, to prevent further violations, and to contribute to prosecutions. With the submission of their final report, TCs cease to exist although the implementation of recommendations has yet to begin. The paper examines two more accountability relations as a result of the recommendations put forward by the TC in the final report. First, a relation of horizontal accountability between the governing regime that takes over as the accounting agency, and the state institutions towards which the recommendations are directed, the accountable actors. The governing regime has now the power to compel the state agencies to implement these recommendations. Second, the TC s recommendations generate indirectly a relation of vertical accountability between the civil society and the governing regime. In this relation the civil society is the new accounting agency pushing for the implementation of the recommendations and the accountable actor, answerable to the civil society, is the governing regime as it is the one with the power to act upon them. The paper sets out indicators showing the implementation of the TC s recommendations are outputs of accountability in its enforcement dimension. It is through assessing the accountability TCs generate in its answerability and enforcement dimensions that we are able to hold truth commissions accountable. 39

42 IcIp working papers submission guidelines: International Catalan Institute for Peace (ICIP) The principle purpose of the ICIP is to promote a culture of peace in Catalonia as well as throughout the world, to endorse peaceful solutions and conflict resolutions and to endow Catalonia with an active role as an agent of peace and peace research. The ICIP, seeking consistency between ends and means, is governed by the principles of promoting peace, democracy, justice, equality and equity in relationships between individuals, peoples, cultures, nations and states. It holds the aim of working for human security, disarmament, the prevention and peaceful resolution of conflicts and social tensions, and strengthening the roots of peace and coexistence, peace building and advocacy of human rights. Objectives of the Publication The ICIP wants to create an open forum on topics related to peace, conflict and security. It aims to open up debate and discussion on both theoretical and contemporary issues associated with the pursuit and maintenance of peace in our world. It strives to connect an eclectic group of voices including career academics, PhD students, NGO representatives, institution al representatives, and field workers and field writers to celebrate ground-breaking and constructive approaches to peace and conflict resolution. Scope of the Publication (List of Themes) The ICIP is interested in works related to peace, conflict and security research. It aims to provide an innovative and pluralist insight on topics of methodology of peace research, the history and development of peace research, peace education, 40

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46 ICIP WORKING PAPERS 2015/3 Does military pressure boost fiscal capacity? Evidence from late-modern military revolutions in Europe and North-America by Oriol Sabaté Domingo (available in english) 2015/2 Políticas para la paz Políticas Públicas y Sociales para la Ciudadanía con Plenos Derechos de la Población BGILT en Colombia by Luz Nelly Palacios Salazar (available in spanish) 2015/1 Qatar during the reign of Hamad Al Thani ( ): from soft power to hard power by Món Sanromà (available in english) 2014/7 The EU Regional Security Complex between 2001 and 2011 in relation to the threat from Islamic terrorism and weapons of mass destruction by Alessandro Demurtas (available in english) 2014/6 Spanish Provincial Reconstruction Team (PRT) in Badghis (Afghanistan), by Carme Roure i Pujol (available in english) 2014/5 El «nus caucasià»: un nou cicle de violència by Sergey Sukhankin (available in catalan) 2014/4 Disembedding Terrorists: Identifying New Factors and Models for Disengagement Research by Diego Muro, Sandra Levi (available in english) 2014/3 El Alien Tort Claims Act de 1789; Su contribución en la protección de los derechos humanos y reparación para las víctimas by Maria Chiara Marullo (available in spanish) 2014/2 Los programas de reparaciones y los colectivos más vulnerables: Asháninkas de Selva Central de Perú by Luis García Villameriel (available in spanish) 2014/1 Do democracies spend less on the military? Spain as a long-term case study ( ) by Oriol Sabaté Domingo (available in english) All numbers available at / Tots els números disponibles a:

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