|1.||Sarkin, Jeremy : Carrots and sticks, 2004|
BIBLIOGRAPHIC LEVEL: monograph
Carrots and sticks : the TRC and the South African amnesty process / Sarkin, Jeremy, xiii, 441 p.. - Antwerp : Intersentia, 2004.
ABSTRACT: INTRODUCTION:. 1. Recent Developments 2. South Africa 3. Criticism of the TRC from Within South Africa 4. Criticism of the Amnesty Committee 5. Whats in the Book? 6. Definitions, Language and Terminology CHAPTER 1: ESTABLISHING THE AMNESTY PROCESS:. 1. Introduction 2. Finding a Balance Between the Objectives of Truth, Justice and Reconciliation 3. Release of Political Prisoners 4. Indemnities, Immunities, Releases and Pardons 5. Agreement on Amnesty 6. Appointment of Commissioners 7. Objectives 8. Establishing the Amnesty Process 9. Establishing the Amnesty Committee 10. The Amnesty Process as a Separate Process 11. Perpetrator Testimonies Outside of the Amnesty Process 12. Court Reviews of Amnesty Decisions 13. Recusals 14. Dissenting Opinions 15. Naming of Perpetrators 16. Interim Report of Amnesty Committee 1998 17. Recommendations and Findings in the 1998 TRC Report 18. Reparations for Victims. CHAPTER 2 : PROCESS ISSUES AFFECTING THE WORK OF THE AMNESTY COMMITTEE:. 1. Introduction 2. Understanding the Amnesty Numbers 2.1. Definitional issues 2.2. Perpetrator numbers: too few or too many? 2.3. Factors influencing the numbers Statistics 2.4. Limited support of the criminal justice system 2.5. Administrative and in-chamber decisions (those without a hearing) 2.6. Female applicants 3. Complicity Between Applicants 4. Timing of Hearings and the Release of Decisions 5. Amnesty Investigations 6. The Speed and Narrow Focus of Hearings 7. Postponements 8. Quality Legal Representation for Some 9. Precedent 10. Findings of Fact and Obtaining Truth 11. The Effect of the Earlier Indemnities and Pardons on the Amnesty Process 12. The Role of Victims 13. The Effect of Victims Supporting or Opposing Amnesty 14. Reconciliation 15. Concluding Remarks. CHAPTER 3 : APPLYING THE SUBSTANTIVE LEGAL CRITERIA TO AMNESTY APPLICATIONS:. 1. Introduction 2. The Law Governing Amnesty 3. Denying Guilt 4. The Methodology Employed in Applying the Criteria 5. Full Disclosure 5.1. Full disclosure and greater truth 5.2. The limits of foot soldier truth disclosures and the need for collective amnesties 6. Political Objective 6.1. Membership of an organisation 6.2. At whom the attack is directed 6.3. Orders 6.4. Political objective and malice 6.5. Political objective and proportionality 6.6. The amnesty application by the killers of Chris Hani 6.7. Witchcraft 7. Offences Committed Outside South Africa 8. Gender Crimes 9. Conclusion. CHAPTER 4 : AFTER THE AMNESTY PROCESS: PROSECUTIONS OR ANOTHER AMNESTY?:. 1. Introduction 2. Why Prosecute? 3. Truth for Justice 4. Post-Apartheid Trials 5. Political Will and Political Circumstances 6. Will the State Enact Another Amnesty Law and Will It Be Constitutional? 7. Conclusion