they can use any means of objection as regards the rights they allege during the proceedings. The same paragraph 233 includes a broader phrase that “summarizes” the meaning of the previous ones and keeps access to other natural implications of the procedural performance of the victims open; they may “assert their interests.” 23. Paragraph 233 clarifies two other matters of great importance for the issue in question. On the one hand, the right of access and the capacity to act of victims and representatives is manifest throughout the proceedings: “at all stages and in instances of these investigations or proceedings.” The Court recognizes and respects the structure of the prosecutorial system in the different countries and knows that prosecutions may be conducted by different authorities, composed of different stages, and correspond to different concepts. Consequently, it does not allude merely to investigations or trials, because it does not want to restrict the extensive right of the victims, which could clash with the national particularities – perfectly valid – of the prosecutorial system. To the contrary, it alludes to all the stages and instances that may be pertinent for the purpose of investigation and prosecution, and this naturally ranges from the start of the investigation until the exhaustion of the dispute by the final concluding ruling provided for by domestic law. 24. On the other hand, the judgment has also been careful – in light of the concern I expressed above – to ensure that there is clarity concerning the functioning of the domestic legal system in relation to the victims’ procedural rights, as these are inferred from international human rights law. In this area as in many others, the latter has made significant advances under the pro homine banner, which does not combat, but rather contributes to justice. Obviously, it does not want to lose in the domestic jurisdiction, what it has tried to obtain in favor of the rights of the victim in the international jurisdiction. 25. After all, paragraph 233 does not infer that domestic law will decide whether or not the victim will be given access to the stages, instances, investigations and trials; whether or not he may submit pleas and motions, receive information, offer evidence, and formulate legal findings and arguments. This series of possibilities gives content to the victim’s participation under international law. The domestic legal system, which should not reduce the fundamental rights of the victim, can and must establish the ways, channels, means, and reasonable times for its exercise, without losing sight of the essence of these rights and the purpose of their exercise. Sergio García Ramírez Judge Pablo Saavedra Alessandri Secretary

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