South Africa - Promotion of National Unity and Reconciliation Act of 1995 - amnesty - truth commissions - constitutional interpretation - human rights

Article Abstract:

The Constitutional Court of South Africa's pragmatic 1996 decision in the Azanian Peoples Organization case allows amnesty to be granted to human rights abusers. The ruling upholds the constitutionality of the National Unity and Reconciliation Act. The Court's reasoning is similar to that of the Latin American truth commissions, in that it tacitly acknowledges fledging democracies cannot survive without granting amnesty to past rights abusers who still may hold considerable power. Disclosures of the crimes committed is necessary, but amnesty may be needed to discourage attempts by these abusers to destabilize democratization.

Interpretation and construction, Practice, Constitutional law, Constitutional interpretation, South Africa. Constitutional Court

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European Convention on Human Rights - continuing violation - effective control exercised by Turkey over territory of Northern Cyprus - attribution of human rights violations to controlling power - effect of nonrecognition as a state

Article Abstract:

The European Court of Human Rights, ruling in the 1996 Loizidou case, held Turkey liable for human rights violations in Northern Cyprus in a case notable for its decision on merits. The Court used a particular exemplary case to underscore the importance of property rights, rather than opting to leave the matter to political negotiation, given that the Turkish Republic of Northern Cyrus is not recognized by other nations. Also, the case illustrated the difficulty in defining a continuing violation of the human rights convention.

Europe, Turkey

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Individual accountability in South Africa: cultural optimum or political facade?

Article Abstract:

The author examines South Africa's solution for transition to a democracy via the Truth and Reconciliation Commission, which offers amnesty for disclosure of human rights violations yet maintains a criminal prosecution option for nondisclsoure.

South Africa, Evaluation, Remedies, Reconciliation, Apartheid, Criminal liability, South Africa. Truth and Reconciliation Commission

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