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Justice As Prevention JUSTICE AS PREVENTION Vetting Public Employees in Transitional Societies EDITED BY ALEXANDER MAYER-RIECKH & PABLO DE GREIFF INTERNATIONAL CENTER FOR TRANSITIONAL JUSTICE Advancing Transitional Justice Series JUSTICE AS PREVENTION ADvancinG TRANSITIONAL JUSTICE SERIES JUSTICE AS PREVENTION Vetting Public Employees in Transitional Societies EDITED BY ALEXANDER MAYER-RIECKH AND PABLO DE GREIFF, INTERNATIONAL CENTER FOR TRANSITIONAL JUSTICE SOCIAL SCIENCE RESEARCH COUNCIL • neW YORK • 2007 internationaL CENTER FOR TRANSITIONAL JUSTICE The International Center for Transitional Justice (ICTJ) assists countries pursuing account- ability for past mass atrocity or human rights abuse. The Center works in societies emerging from repressive rule or armed conflict, as well as in established democracies where histori- cal injustices or systemic abuse remain unresolved. In order to promote justice, peace, and reconciliation, government officials and non- governmental advocates are likely to consider a variety of transitional justice approaches including both judicial and nonjudicial responses to human rights crimes. The ICTJ assists in the development of integrated, comprehensive, and localized approaches to transitional justice comprising five key elements: prosecuting perpetrators, documenting and acknowl- edging violations through nonjudicial means such as truth commissions, reforming abusive institutions, providing reparations to victims, and facilitating reconciliation processes. The field of transitional justice is varied and covers a range of disciplines, including law, public policy, forensics, economics, history, psychology, and the arts. The ICTJ works to develop a rich understanding of the field as a whole, and to identify issues that merit more in-depth research and analysis. Collaborating with colleagues in transitional societies and often commissioning outside studies, the Center targets its research to address the complex issues confronting policymakers and activists. Identifying and addressing the most impor- tant gaps in scholarship, it provides the benefit of comparative analysis to its staff and to practitioners worldwide. SOCIAL SCIENCE RESEARCH COUNCIL The Social Science Research Council (SSRC) leads innovation, builds interdisciplinary and international networks, and focuses research on important public issues. Independent and not-for-profit, the SSRC is guided by the belief that justice, prosperity, and democracy all require better understanding of complex social, cultural, economic, and political pro- cesses. The SSRC works with practitioners, policymakers, and academic researchers in all the social sciences, related professions, and the humanities and natural sciences. With part- ners around the world, the Council mobilizes existing knowledge for new problems, links research to practice and policy, strengthens individual and institutional capacities for learn- ing, and enhances public access to information. The SSRC brings necessary knowledge to public action. A new publications initiative, represented here in this co-publication with the ICTJ, complements and enhances the SSRC’s mission to disseminate necessary knowl- edge in innovative ways. © 2007 Social Science Research Council All rights reserved. No part of this book may be reproduced in any form without written permission from the publisher. Published by the Social Science Research Council Printed in the United States of America Distributed by the Chicago Distribution Center Designed by Julie Fry Cover photograph by Carmelo Bongiorno (Photonica/Getty Images) Library of Congress Cataloging-in-Publication Data Justice as prevention : vetting public employees in transitional societies / edited by Alexander Mayer- Rieckh and Pablo de Greiff ; introduction by Roger Duthie. p. cm. isbn-13 978-0-9790772-1-0 (alk. paper) isbn-10 0-9790772-1-4 (alk. paper) 1. Public officers — Dismissal of. 2. Public officers — Discipline. 3. Civil service. 4. Administrative responsibility. 5. Human rights. 6. Crimes against humanity. I. de Greiff, Pablo. II. Mayer-Rieckh, Alexander. k3442.j87 2006 342.068 — dc22 2007010640 CONTENTS 9 CONTRIBUTORS 15 ACKNOWLEDGMENTS 16 INTRODUCTION Roger Duthie PART I: CASE STUDIES 40 CHAPTER 1 Strengthening Democracy: Impugnación Procedures in Argentina Valeria Barbuto 80 CHAPTER 2 The Struggle for Lasting Reform: Vetting Processes in El Salvador Rubén Zamora with David Holiday 120 CHAPTER 3 Swift Gradualism and Variable Outcomes: Vetting in Post-Authoritarian Greece Dimitri A. Sotiropoulos 146 CHAPTER 4 Institutional Transformation and the Choice Against Vetting in South Africa’s Transition Jonathan Klaaren 180 CHAPTER 5 Vetting to Prevent Future Abuses: Reforming the Police, Courts, and Prosecutor’s Offices in Bosnia and Herzegovina Alexander Mayer-Rieckh 222 CHAPTER 6 The Politics of the Lustration Law in Poland, 1989 – 2006 Adam Czarnota 260 CHAPTER 7 Lustration as Political Competition: Vetting in Hungary Elizabeth Barrett, Péter Hack, and Ágnes Munkácsi 308 CHAPTER 8 Oppressors and Their Victims: The Czech Lustration Law and the Rule of Law Jiri Priban 348 CHAPTER 9 The Shield, the Sword, and the Party: Vetting the East German Public Sector Christiane Wilke PART II: THEMatic STUDIES 402 CHAPTER 10 Gathering and Managing Information in Vetting Processes Serge Rumin 448 CHAPTER 11 Due Process and Vetting Federico Andreu-Guzmán 482 CHAPTER 12 On Preventing Abuse: Vetting and Other Transitional Reforms Alexander Mayer-Rieckh 522 CHAPTER 13 Vetting and Transitional Justice Pablo de Greiff 546 APPENDIX Vetting Public Employees in Post-Conflict Settings: Operational Guidelines Contributors Federico Andreu-Guzmán is deputy secretary-general of the International Com- mission of Jurists (ICJ) in Geneva. He previously served as legal adviser for the Americas and Asian regions at Amnesty International in London; officer of the Special Unit on Investigation in the UN Human Rights Mission in Rwanda in Kigali; director of the International Office for Human Rights — Action on Colombia in Belgium; deputy secretary-general on Latin America at the Inter- national Federation of Human Rights; and officer of the Special Unit on Inves- tigation in the UN/Organization of American States (OAS) Civilian Mission on Haiti. He has been a consultant for the UN High Commissioner for Human Rights and the Haitian National Commission on Truth and Justice. He teaches human rights at the Academy on Human Rights and Humanitarian Law. His publications include the two-volume Military Jurisdiction and International Law (ICJ, forthcoming). Valeria Barbuto studied anthropology at the University of Buenos Aires (UBA) and holds a master’s degree in cultural studies from the Institute of Advanced Social Sciences at the University of San Martín (UNSAM). She currently works for the Memory and Fight Against Impunity for State Terrorism Program at the Center for Social and Legal Studies [Centro de Estudios Legales y Sociales (CELS)] in Argentina. Among its more important tasks, this program brings criminal cases against those responsible for crimes of the last military dicta- torship; seeks to promote a culture of human rights respect through the pres- ervation of social memory and the provision of reparations to victims; works to declassify archives from the dictatorship period; and develops strategies for establishing democratic institutions. Elizabeth Barrett is based at Oxford University, where she is researching a PhD on political corruption in Central and Eastern Europe (CEE). Her other recent research has focused on the role of informal networks in the privatization process in CEE and on lustration policy in the region. From 1999 to 2001, she was based in Zagreb, Croatia, as correspondent for The Economist and Busi- 9 CONTRIBUTORS ness Central Europe. Prior to that, she was editor of the East Europe Daily Brief at Oxford Analytica. She graduated from Oxford and London universities. Adam Czarnota is professor of law at the University of New South Wales and co-director of the European Law Center at the same university. He is also a senior fellow in the Contemporary Europe Research Center at Melbourne University. He was previously a visiting scholar at the European University Institute, senior lecturer at Maquarie University, a fellow at the Collegium Budapest/Institute for Advanced Study, and a visiting professor in the Bialys- tok Faculty of Law at Warsaw University. He is review editor for Jus et Lex, and teaches legal theory and sociology of law. He is working on a book on legal strategies for dealing with the past. Pablo de Greiff is the director of research at the International Center for Transi- tional Justice in New York. Born in Colombia, he graduated from Yale Univer- sity (BA) and Northwestern University (PhD). Before joining the ICTJ he was associate professor (with tenure) in the Philosophy Department at the State University of New York at Buffalo, where he taught ethics and political theory. He has published articles on transitions to democracy, democratic theory, and the relationship between morality, politics, and law. He is the editor of seven books including Global Justice and Transnational Politics (MIT Press, 2002), and Jürgen Habermas’s The Inclusion of the Other (MIT Press, 1998). During 2000- 2001, he was Laurance S. Rockefeller Fellow at the Center for Human Values, Princeton University, and held a concurrent fellowship from the National Endowment for the Humanities. At the ICTJ, among other projects, he directed a large-scale project on reparations, originally
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