A/HRC/34/62 dictatorships, even though prosecutors were not ready to move on them; however, this action facilitated the prosecutions of the cases later on. 43 48. In common law countries, victims or affected persons can participate in proceedings by providing victim (personal or impact) statements. Although this represents a lower level of participation than being a party, as in civil law countries, it does provide victims with, inter alia, an opportunity to describe how the crime affected them; the chance to express their concerns regarding fear of intimidation; an opportunity to request information about the progress of the case; and, in some countries, the opportunity to claim compensation or request assistance. 49. In his report to the Human Rights Council in 2014 (A/HRC/27/56), the Special Rapporteur argued in favour of expanding the participation of victims to an area that has received comparatively little attention: the development of prosecutorial strategies. The main reasons for doing so are given in the following paragraphs. 50. Since many major decisions crucially affecting the interests and the rights of victims are taken long before a trial starts, promoting the rights of victims calls for allowing them to participate in the very formulation of prosecutorial strategies. 51. A very concrete contribution of victims to the articulation of a prosecutorial strategy relates to the identification of the range of possible violations, allowing prosecutors to determine the range of possible charges. Ensuring the input of victims at the outset can later help prosecutors to take cases forward and to investigate and frame charges in accordance with the evidence obtained. If done at an early stage, it can serve as an additional incentive for victims to come forward with testimonies and present evidence. It may also obviate the need to amend the strategy or the indictments at a later stage. A strategic decision to engage victims at an early stage can potentially lead to the prosecution services bringing cumulative charges, where appropriate, and can help to reflect the multidimensional nature of international crimes. Cases at the International Tribunal for the Former Yugoslavia and the International Tribunal for Rwanda have demonstrated that victims have a decisive role to play in the identification of the charges. 44 It can be expected that victims would play a similar role in helping to identify relevant charges in domestic jurisdictions. 52. The contributions of victims can be important in determining the “most responsible” party and the “most serious crimes”, as victims are not bound by formal concepts of hierarchy but are familiar with the dynamics of local contexts and, in particular, with the impact of the various forms of criminality from which they have suffered. 53. To conclude, while victim participation in criminal proceedings undoubtedly raises challenges to efficiency and the perception of a fair trial for the accused, the participation of those who suffered the actual violations as a result of the criminal actions under scrutiny is important for the following reasons: (a) Victim participation implies the recognition of victims as rights holders, which is tremendously empowering for them and others as they are afforded the respect of formal State institutions and gain a space in the public sphere; (b) 43 44 Such participation both manifests and strengthens the right to truth; Ibid. See, e.g., International Tribunal for Rwanda, case No. ICTR-96-4-T, Prosecutor v. Akayesu. JeanPaul Akayesu was convicted for, inter alia, rape as a crime against humanity and rape as an act of genocide. However, the failure to include charges at the outset prevented future prosecutions for sexual violence crimes at the Tribunal. See also REDRESS and African Rights, Survivors and PostGenocide Justice in Rwanda: Their Experiences, Perspectives and Hopes, 2008, pp. 95-98. 13

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