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The Right to Know the Truth in the Light of the Right to Privacy: The Case of Victims of the Communist Regime in Europe.

Authors :
Gruodytė, Edita
Gervienė, Silvija
Source :
Baltic Journal of European Studies; 2017, Vol. 7 Issue 2, p284-310, 27p
Publication Year :
2017

Abstract

The right to know the truth is established as one of the rights constituting the right to effective remedy but in post-Communist countries this right is limited to victims of the Communist regime because of failure to access the files of former secret services on two different grounds: certain victim's information is protected as personal data on the grounds of privacy rights and certain files are still kept as a classified information. Thus, the article analyses if such limitations in post- Communist countries are compatible with Article 8 of the European Convention on Human Rights. The answer is provided using mainly an analysis of the case law of the European Court of Human Rights. Lithuania as a case study was chosen for the analysis in a situation where certain files are kept as classified information. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
22280588
Volume :
7
Issue :
2
Database :
Complementary Index
Journal :
Baltic Journal of European Studies
Publication Type :
Periodical
Accession number :
143155095
Full Text :
https://doi.org/10.1515/bjes-2017-0019