Lustration in transitional justice in accordance with the ECHR jurisprudence

Transitional justice is the sum of legal instruments to establish the rule of law, justice, and social reconciliation in a society that deals with the legacy of a past armed conflict or authoritarian regime. There are four main components of transitional justice: 1) Criminal Justice, 2) Truth, 3) Reparation, and 4) Guarantees of Non-Recurrence. One of the most important of these guarantees of non-recurrence measures is the lustration. Lustration is a transitional justice measure that provides for sanctions and partial disenfranchisement of individuals associated with the former regime, such as restricting the right to stand for election, limiting employment in public and some private sector positions, and public exposure. Indeed, this thesis examines how lustration measures can be implemented in accordance with the legal safeguards set out in the European Convention on Human Rights (ECHR) and examines in detail the roadmap laid down by the European Court of Human Rights (ECtHR) to ensure that lustration measures are not carried out of revenge or political ambitions, but according to the rule of law. In conclusion, this thesis provides a roadmap for states wishing to implement lustration measures in accordance with the law during the transition to democracy.