TRC GRANTS GENERAL IMMUNITY TO ALL WITNESSES TESTIFYING OR APPEARING BEFORE IT
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 VIII, Section 30 of the TRC Act provides that "The TRC shall grant immunity to all persons or groups of persons, organizations or institutions from prosecution or tort actions on account of statements made or evidence given before the TRC in advancement of the public interest objective inherent in the functions and objects of the TRC and pursuant to the successful execution of its mandate, and which therefore, shall not be used in any court of law against the person making the statement;"
THE TRC HEREBY DECLARES:
1."WITNESSES" within the context of the TRC and its processes shall apply to and mean all individuals or institutions giving evidence or testifying before the TRC whether as onlooker, survival, victim, expert or perpetrator; and
2.General immunity from prosecution or tort actions is hereby granted to all witnesses appearing before the TRC based upon statements, information, admissions, evidence or testimonies truthfully made before or to the TRC without exception; and
3. All witnesses invited, cited, subpoenaed or who voluntarily testify before the shall enjoy the right to be accompanied or guided by the presence of a friend, family member, attorney of the witness's choice subject, to reasonable limitations imposed by the TRC to preserve the integrity of witnesses and the TRC process.
PUBLISHED BY AUTHORITY OF THE TRC ON THIS 31ST DAY OF MARCH, A.D. 2008
SIGNED:
Jerome J Verdier, Sr.(Cllr)
CHAIRMAN, TRC
