WHEREAS, The objective and mandate of the TRC, as set forth in Article
IV, Sec 4 of the TRC Act of 2005, shall be to promote national peace, security,
unity and reconciliation; and
WHEREAS, Article VII, Section 26 of the TRC Act grants the TRC general
functions and powers necessary to fulfill its mandate; and
WHEREAS, Sub-section 26(p) thereof provides that the TRC shall conduct
in-camera hearings:
THE TRC HEREBY DECLARES:
i.The hearings of the Commission shall be opened to the public,
provided the Commission, in any proceedings before it, is satisfied that:
a.It would be in the interests of justice; or
b.That there would not be a likelihood that harm may ensue to any person
as a result of proceedings being open. The commission may direct that
proceedings be held in camera and
that the public or any particular individual or individuals shall not be
present at proceedings or any part thereof if the security of perpetrators,
victims or witness is deemed to be threatened, provided that the Commission
shall permit any victim who has an interest in the proceedings concerned to be
present.
ii.An application for proceedings to be held in camera may be brought by victims, perpetrators or witnesses, and
such application shall be considered and passed upon as the Commission deems
fit.
iii.Where the Commission under this sub-section, on any grounds
referred in that sub-section, directs that the public or any part thereof shall
not be present at any proceedings or part thereof, the Commission may direct
that:
a.No information relating to the proceedings or any part thereof held in camera shall be made public in any
manner,
b.No person may in any manner make public any information, which
may reveal the identity of any witnesses in the proceedings;
c.Give such direction in respect of the record of proceedings as may
be necessary to protect the identity of any witness'
Provided that the Commission may authorize the publication of such
information as it considers would be just and equitable".
THE TRC HEREBY DECLARES:
1.In all instances, the preference of the TRC for public hearings
supersedes all considerations, save exceptional cases where public interest,
justice and security concerns are imperative.
2.As a general policy, all hearings involving children and victims of
sexually-related crimes shall be conducted in confidence away from the public
at the sole discretion of the TRC.
3.In consideration of the security of witnesses, the TRC will hold in camera hearings where the security of
any potential witness is at risk and there is a clear determination that
greater protection of the witness is required, and for which purpose other
electronic devices may be employed to enhance witness protection.
4.The TRC, with or without application, may declare that a hearing be
held behind closed doors when from all the facts and circumstances it
determines that it would be just, safe and proper to do so.
PUBLISHED BY AUTHORITY OF THE TRC ON THIS 31st DAY OF MARCH, A.D. 2008
Signed:
Jerome J. Verdier, Sr.
CHAIRMAN
