On Transitional Justice

D20160312_112226As a part of SIHR activities in justice (National Justice, Transitional Justice and International Justice), a seminar of transitional justice was organized on 12/03/2016 in Geneva, lectured by Mr. Nasser Amin, the General Director of The Arab Center for the Judiciary and Legal Profession (ACIJLP).

Mr Amin has clarified the exceptional and private nature of the concept of transitional justice, as a form of positive or necessary exceptional form of justice, which has not the permanent judiciary legislation, and is keen on linking social peace, national reconciliation and the principles of justice on the other hand. Focused on that, the transitional justice approach aims to ensure adherence of disclose previous systems practices as serious violations of rights and freedoms of citizens which are established by constitution and National law, and approved by the international conventions after being ratified by the State concerned, also organizing the means to hold those responsible of criminally, morally or politically violations with clarifying the ways of compensation for people, groups or provinces in order to a proper closure to the past wounds and providing the conditions of society reconciliation. Transitional justice mechanisms work on studying and analyzing the reasons that led or even facilitated to the occurrence of the violations, with the rational and wise result of required changes of legislation and institutional reforms that ensure non-recurrence of what happened and open also the prospects of an independent judiciary in light of good governance and sustainable development.

The lecturer explained the importance of determining the exact time, place and topics and the importance of an independent national commission for justice and reconciliation organized by a special law, which take in consideration three points:

  • The process of safe transition from one level to another via the mechanisms that are working to equity all components of society.
  • Searching in the painful past that is concerned of serious violations of taboo that hinder the process of thinking about transition.
  • The Develop of mechanisms and procedures according to the reality until the start.

He affirmed on the need to understand the mechanisms of society disruption that is resulting from bilateral (accused / victim) and the role of transitional justice to dissolve it within the logic of grievances and the achievement of justice, and then subjected to the basic trends of transitional justice, summed up by him:

  • Institutional Reform
  • Accountability
  • Reparation
  • Guarantees of non-repetition

The institutional reform based on the legislative reform (Because of the violations are not only the implementation of the orders, but also by bad legislation), and the reform of the judicial institutions. And, it extends to reform the security agencies as well as media and communication institutions.

While the accounting focus on the most serious crimes of the past and the crimes in general and determine the level of guilt and also the responsibility for, the reparation includes the material and moral compensations and memorialization. The guarantees of non-repetition require effective committees to investigate the facts and documenting violations in a professional and objective way, and the adoption of the principle of amnesty in exchange for the truth to reach the highest level of accuracy in the writing of society’s memory.

The discussions were very important, especially that of the attempts to normalize the old judicial system into the transitional period and the consequences of that, and the question about the reasons to achieve the safe transition, and finally the political will and real desire of the community to manage and success the transitional justice.