The procedure of access to public information as a mechanism to protect the right to the truth. A review of the criteria of the Inter-American Court of Human Rights on the matter

Sotelo-Torres C.R.A.; García-Curie K. · Revista Espanola de la Transparencia (2024) · DOI: 10.51915/ret.338

Resumen

This study highlights the effectiveness of the mechanisms for access to information to protect the "collective dimension" of the right to the truth. Through the review of the legal reasoning expressed by the Inter-American Court of Human Rights in its constant jurisprudence, this documentary research demonstrates that the right to the truth is not only related to the rights to judicial guarantees and judicial protection, but also with the right of access to information, protected by Article 13 of the American Convention on Human Rights. Therefore, in severe cases of human rights violations such as forced disappearance or extrajudicial execution of individuals, access to public information enables the disclosure of official documents and files that can clarify the whereabouts of a person, the conditions under which illegal acts were committed and the identities of potential perpetrators.

Instituciones: Universidad de San Martín de Porres