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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

Author

Listed:
  • Gruodytė Edita
  • Gervienė Silvija

    (Faculty of Law, Vytautas Magnus University, Jonava Street 66, KaunasLT-3000, Lithuania)

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.

Suggested Citation

  • Gruodytė Edita & Gervienė Silvija, 2017. "The Right to Know the Truth in the Light of the Right to Privacy: The Case of Victims of the Communist Regime in Europe," TalTech Journal of European Studies, Sciendo, vol. 7(2), pages 284-310, October.
    • Handle: RePEc:vrs:bjeust:v:7:y:2017:i:2:p:284-310:n:12
    DOI: 10.1515/bjes-2017-0019
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    References listed on IDEAS

    as
    1. Cynthia M. Horne, 2014. "Lustration, Transitional Justice, and Social Trust in Post-Communist Countries. Repairing or Wresting the Ties that Bind?," Europe-Asia Studies, Taylor & Francis Journals, vol. 66(2), pages 225-254, February.
    2. Monica Ciobanu, 2014. "Reconstructing the History of Early Communism and Armed Resistance in Romania," Europe-Asia Studies, Taylor & Francis Journals, vol. 66(9), pages 1452-1481, October.
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