A/HRC/27/56
mechanisms of justice, which stems from their rights to access to justice and to an effective
remedy.46 The recognition of the special status of victims at the international level has been
described as reflecting the “collective will of the international community to restore the
balance between the fundamental rights of suspects and offenders, and the rights and
interests of victims”.47 Provisions for victim participation in the statutes of international and
hybrid courts and tribunals, such as the International Criminal Court, the Extraordinary
Chambers in the Courts of Cambodia, the Extraordinary African Chambers in the Courts of
Senegal and the Special Panels for Serious Crimes in East Timor, which provide for their
participation at all stages of the proceedings, have reinforced the centrality of victims in
criminal proceedings.
93.
Participation can take different forms, ranging from direct methods, such as taking
part in decision-making and/or being consulted thereon, to more indirect forms of
participation through notification, outreach and sharing of information.48 Participation
occurs at different levels of a judicial process, ranging from the initiation of investigations
to the sentencing stage and reparation procedures attached to criminal justice procedures.49
While the specific contours and scope of participation are subject to ongoing debate, there
is clearly room for enhanced understanding of the implications of the current models of
victim participation.
94.
There are several reasons to celebrate the emphasis that victim participation has
been given in criminal procedures. They include:
(a)
Victim participation implies the recognition of victims as rights holders,
which is tremendously empowering for them and others in the experience of being afforded
the respect of formal State institutions. This contributes to victims gaining a space in the
public sphere;
(b)
Such participation both manifests and strengthens the right to truth;
(c)
Formalizing methods of victim participation represents an acknowledgement
that victims have played a crucial role not only in initiating procedures, but in collecting,
sharing and preserving evidence;
(d)
Victim participation increases the likelihood that the needs of victims will be
taken seriously in processes that have had a long tradition of treating them solely as sources
of information, as “mere” witnesses;
(e)
Allowing for the participation of victims in criminal procedures increases the
likelihood that those procedures can be integrated better into other transitional justice
processes, including truth-seeking and reparations;
46
47
48
49
18
See para. 28 above; see also the Declaration of Basic Principles of Justice for Victims of Crime and
Abuse of Power; and the Basic Principles and Guidelines on the Right to a Remedy and Reparation
for Victims of Gross Violations of International Human Rights Law and Serious Violations of
International Humanitarian Law.
United Nations Office for Drug Control and Crime Prevention, Guide for Policy Makers on the
Implementation of the United Nations Declaration of Basic Principles of Justice for Victims of Crime
and Abuse of Power, p. 1.
Impunity Watch, Victim Participation in Transitional Justice Mechanisms: Real Power or Empty
Ritual? (2014), pp. 22–27.
See, for example, articles 19 and 68, paragraph 3, of the Rome Statute of the International Criminal
Court; and rules 50, paragraph 1, 89 and 91 of the Rules of Procedure and Evidence of the Court; see
also rule 23 of the Internal Rules of the Extraordinary Chambers in the Courts of Cambodia.
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