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