reflect the in/adequacy of evidence. There seems to be the suggestion of a presumption of innocence (Lord Salmon) but this is not borne out in practice (ed Patrick Finucane Commission). UN Human Commissions are Broad-ranging and Not binding; are usually Rights Council left to decide their own policy oriented. complied with by international Commissions standard of proof but institutions but not by national they mostly opt for a ones; often the highly politicised reasonableness nature of these commissions standard of some kind. means recommendations are not No significant implemented. discussion on onus. USA The Commissions tend Broad-ranging and Not binding but significant to use a sufficiency policy oriented; political weight. standard. individual They usually don’t responsibility specify action against allocated where individuals. mandated. No significant discussion on onus suggestions of a reverse onus (Christopher Commission).
reflect the in/adequacy of evidence. There seems to be the suggestion of a presumption of innocence (Lord Salmon) but this is not borne out in practice (ed Patrick Finucane Commission). UN Human Rights Council Commissions Commissions are left to decide their own standard of proof but they mostly opt for a reasonableness standard of some kind. No significant discussion on onus. Broad-ranging and policy oriented. Not binding; are usually complied with by international institutions but not by national ones; often the highly politicised nature of these commissions means recommendations are not implemented. USA The Commissions tend to use a sufficiency standard. They usually don’t specify action against individuals. No significant discussion on onus suggestions of a reverse onus (Christopher Commission). Broad-ranging and policy oriented; individual responsibility allocated where mandated. Not binding but significant political weight.
OPBP-LRC-Marikana-Commission-Report.docx