Fair Trial for Transitional Justice: The Case of Belene Trial

Abstract

Inspired by the 32-years long Belene trial, the article investigates the impact of deprivation from the right to justice on reaching transitional justice in aftermaths of crimes against humanity. Through bottom-up victims-centered perspective the article digs into the Belene victims’ oral history narratives to find out the impact of this deprivation on the societal contract, victims’ trauma, justice perception of the society and the rule of law. Based on textual analysis of open-ended interviews and narratives of the Belene victims, the article highlights the adverse consequences of neglecting the victims’ right to fair trial and transitional justice and perpetuating impunity, not only impeding justice and healing but perpetuating victimization and corroding societal trust. The sustained denial of victims' rights to a fair trial and access to justice exacerbates historical wounds, erodes the foundations of the justice and collective perception of fairness in the whole society. Beyond legal implications, the deprivation from right to justice affects individuals' psychological and social well-being and overall societal peace. The article emphasizes that transitional justice is a moral imperative, enabling the rebuilding of a peaceful and democratic society on principles of accountability and empathy, especially in the complex and sensitive aftermath of ethnic-based crimes against humanity.