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Independent Oversight of Records of State Security Services Implicated Independent Oversight of Records of State Security Services Implicated in Human Rights Abuses, Examples Compiled by Emi MacLean, Open Society Justice Initiative, 2012 COUNTRY INDEPENDENT GOVERNING LAW GOVERNMENT ACCESS TO INFORMATION IMPACT OF ARCHIVES ENTITY OR DECISION ENTITY ORIGINATOR (i.e., open, closed, partially open – to (prosecutions, convictions, public consultations, etc.) & RESPONSIBLE (i.e., OF RECORDS (YEARS investigators, victims, families, etc.) for control of (legislation, decree, OF RECORDS) & NAME OF archives, policy, court & ARCHIVE OR implementing search, judgment) DOCUMENTS GENERAL NOTES [RESOLUTION/ or ordering INCLUDED (i.e., MEASURE] disclosure) quantity, type of documents) Argentina Commission of Provincial Intelligence Division of Publicly accessible since 2003. The archival material made an important contribution to Memory of Buenos legislation (1999) Buenos Aires Police proof in significant cases such as Etchecolatz, Von Archive of the Aires Province (DIPPBA) Wernich, Hospital Posadas, Comisaria Quinta and CNU Department of Archival material Mar del Plata. Intelligence of the discovered in 1998 Buenos Aires Police (DIPPBA)1 Argentina Santa Fe Police Recovery of documents has allowed light to be thrown on at least 19 cases of people who disappeared. General Provincial Archival records of Archive of Santa Santa Fe Police Fe2 Brazil Reference Center for Presidential Decree Security services “Memories Revealed” (Memorias The “Memories Revealed” initiative, implemented the Political Struggles in 5584 (2005) - during dictatorship Reveladas) website, launched in 2009, federal policy aimed at rebuilding the national memory National Archives3 Brazil / O Centro de regulates transfer of (1964-1985): makes archives publicly accessible. of the military dictatorship, further enabled compliance Referência das Lutas records to National with the constitutional requirement of access to Politicas no Brasil Archives National Security Thirteen states and the Federal information. Council, General District of Brazil have contributed Body reports to the Committee of their public archives, which have House of the Investigation and been digitized and become part of the Presidency of the National Information “Memories Revealed” portal. The Republic Service, Brazilian records comprise approximately 200 Intelligence Agency million pages of textual documents of the period, plus books and audiovisual documents. i Brazil4 Special Commission Decree 39.680 Political police during Declassified and accessible (Río Grande do Sul) (1989) - created dictatorship (1964- commission to 1985) organize collection concerning fight for Documents, books, democracy, and to files, periodical denounce human publications donated rights violations by private individuals or non-governmental Decree 40.318 organizations, (2000) -declassified audiovisual records of political documents, published police in Río Grande documents relating to do Sul bodies of the state administration and personal recorded testimonies Bulgaria5 Committee for Law for Access and State security and Access available, through Committee prepares and receives documents of the State Disclosure of Disclosure of intelligence services of application, to citizens and close Security and intelligence services of the Bulgarian Documents and Documents (2006) Bulgarian National relatives for information concerning National Army, so that centralized archive mandated by Announcement of Army (1944-1991) an individual; and to researchers the 2006 law could be established. Committee also Affiliation of and investigators determines and announces the affiliation of citizens to Bulgarian Citizens to security and intelligence services. the State Security and Access includes direct examination, Intelligence Services copies, and disclosure of names of the Bulgarian informants National Army (COMDOS) Cambodia Sleuk Rith Institute Cambodian Cambodian political DC-Cam formulated procedures for DC-Cam’s objectives are to record and preserve the (A Permanent Genocide Justice Act police during Khmer managing access to archives both history of the Khmer Rouge regime for future generations DC-Cam Archives6 Documentation (US 1994) - Rouge regime before and during prospective trials and to compile and organize information that can serve as Center of Cambodia) established Office of of former Khmer Rouge leaders. potential evidence in a legal accounting for the crimes of Cambodian World’s largest They cover authorization for those the Khmer Rouge. Genocide archive on the Khmer seeking access to documents, Investigations in US Rouge period with photocopying, viewing originals and The DC-Cam Archives has resulted in the publication of State Department over155,000 pages of document custody, care and return. many books, a national genocide education initiative, and documents and 6,000 A set of regulations have also been support services for victims and survivors of the Khmer Yale University’s photographs developed for those wishing to view Rouge regime. Cambodian documents in a Public Information Genocide Program Room. (a grantee of the Office) founded DC- Cam in 2005 ii Czech Republic Institute for the Study 181/2007 Coll. Ministries of Interior, Most archival material is accessible The mandate of the Institute includes securing, digitizing, of Totalitarian Act of 8 June 2007 Defense and Justice under act on archives (Act No. and making accessible to the public information Security Services Regimes: controlled on the Institute for and dossiers of the 499/2004 Coll.), and previously concerning human rights abuses of the past. The 2007 Archive7 by Council, comprised the Study of former security under acts on disclosure of Czech law establishing the Institute begins: “Those who of seven members Totalitarian services (including documents created in the course of do not know their past are doomed to repeat it.” It calls elected and recalled Regimes and the State Security Service, State Security Service activities (Act for the investigation, remembrance and education of by the Senate; archive Security Services Intelligence Service of No. 140/1996 Coll., Act No. historic injustices to avoid their repetition. The Act is administrative Archive the General Staff of the 107/2002 Coll.). Available to recognizes “the state’s obligation to allow the public office controlled by People’s Army, researchers in digital form, with Institute Also Law No. 140 of Internal Protection of some data less than 30 years old maximum possible access to the secret activity of the totalitarian and authoritative regimes security services, as 1996 (STB Files the Corrective anonymized; unredacted after 30 an expression of its conviction that unlawful acts of any Security Services Access Act) Education Corps of years. totalitarian or authoritative regime against citizens must Archive must be Ministry of Justice not be protected by secrecy or forgotten.” (Preamble.) managed by a (1938 – 1945) (1948 – Investigation files of former Public specialized archivist 1989) Security Service (Veřejná bezpečnost In the 2007 law, the Institute replaced the Office for the of “incorruptib[le]” – VB) are located in archive Investigation and Documentation of the Crimes of character—defined to collections of the Ministry of the Communism, established in 2005 and linked to the police, exclude military or Interior of the Czech Socialist with a mandate to investigate and collect information and intelligence personnel Republic, and are accessed through the authority to subpoena records. (Arts. 12(4), 19) communication with archives. Estonia Administrative Office Archives Act (2012) Documents of state Access to National Archives The 2012 Act provides for “appraisal of records, of National Archive security services unrestricted for victims, and access acquisition and preservation of archival records, grant of National Archive8 (Haldusbüroo); to others permissible with access thereto, organization of use thereof, and liability reports to State restrictions established by Public for rendering records and archival records unusable and Archive, which is part Information Act, Personal Data destruction thereof, establishment of the bases for of National Archive Protection Act, State Secrets and records management of agencies and persons performing Classified Information of Foreign public duties and the bases for the activities of the States Act or another act apply (sec. National Archives and local government archives” (sec. 10(1)). 1(1)). Predecessor 1994 law governing former secret services archives prevented the destruction of records. Germany9 Federal German Law on East German Stasi Right of access for family members Agency is a founding member organization of the Commissioner Stasi Records killed or subject to disappearance, as Platform of European Memory and Conscience. Preserving the (1990) Information obtained well as those affected and third Records of the State by Stasi (preserved parties (Arts. 14-15) Security Service of and collected) the former German More than 2.6 million people Democratic Republic consulted archives since 1991 (BStU) Guatemala General Archive of Civil Court order National Police (1882- Public in its entirety, digitized and The collection “represents the largest single repository of Central America / authorized PDH to 1996) [no longer in accessible online: documents ever made available to human rights Guatemala Archivo General de inspect files and operation] https://ahpn.lib.utexas.edu (ten investigators.” Government and police long denied the National
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