|  37 ENGLISH PART 12 RIGHT OF ACCESS TO INFORMATION AND THE RIGHT TO TRUTH A. Right of Access to Information and the Right to Truth: Everyone shall have the freedom to seek, receive, use, and impart information. This includes information held by or on behalf of public authorities, or to which public authorities are entitled by law to have access. It shall be for the requested authority to demonstrate that the necessity to restrict access to information threatens to cause harm that is greater than any benefit to the public interest served by the disclosure. States shall not withhold information regarding gross violations of human rights or serious violations of international humanitarian law, including crimes under international law, and systematic or widespread violations of the rights to life, personal liberty, and security. Such information may not be withheld on national security grounds in any circumstances. State authorities shall also not withhold information for the purpose of precluding accountability of States or individuals, or to preclude victims from securing a remedy to gross human rights violations or serious violations of international humanitarian law. Any refusal to disclose information shall be subject to, at a minimum, a judicial review mechanism. In making the determination to disclose information, due regard shall be given to rules pertaining to restrictions of rights. Explanatory Note: See, African Charter on Human and Peoples’ Rights, Article 9; International Covenant on Civil and Political Rights, Article 19(2); Universal Declaration of Human Rights, Article 19; African Model Law for African States on Access to Information, Preamble and Articles 2(1)(e) and 36; U.N. Human Rights Council, Resolution 12/12: on the Right to the Truth; OHCHR, Study on the Right to the Truth (February 8, 2006), para. 59; ECtHR, El Masri v. Macedonia, 3 December 2012, Application No. 39630/09, paras. 191-94; Gomes Lund (Guerrilha do Araguaia) v. Brazil, IACtHR, Judgment of November 24, 2010, para. 201; ACHPR, Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, Section A(3)(a) (“Public hearing”), Section C(b)(3) (“Right to an Effective Remedy”), and Section D(a); Committee Against Torture, General Comment 3 on Implementation of article 14 by States parties (“Satisfaction and the right to truth”), paras. 16-17; Global Principles on National Security and the Right to Information (“Global Principles” or “Tshwane Principles”), Principle 27(b) (“General Judicial Oversight Principle”); and see also Explanatory Note to Principle 1(M), Non-Derogations and Restrictions on Human Rights and Freedoms. *The Tshwane Principles, issued on 12 June 2013, reflect international and national law and practice, and were endorsed by, amongst others, the three special rapporteurs on freedom of expression of the United Nations, African Commission on Human and Peoples’ Rights, and the Organisation of American States, as well as by the U.N. Special Rapporteur on Counter-Terrorism and Human Rights and the OSCE Representative on Freedom of the Media. On 24 June 2013, the Legal Affairs and Human Rights Committee of the Parliamentary Assembly of the Council of Europe unanimously adopted a resolution expressing “support” for the Principles.