The concept of victim involvement has been the procedural norm in many countries for a long
time.42 At the same time, domestic and international initiatives have often failed to appreciate
the central importance of protecting the dignity of victims. The reality is that lack of appropriate training and work pressures frequently relegate victims to instruments of proof, rather than
human beings and citizens with rights and needs.
It is important to strike a balance between giving victims an appropriate place in prosecutions
and not creating the impression that they have a veto power over proceedings. In practical
terms, prosecutors will often rely on victims’ goodwill to present evidence effectively against
the accused. However, victims will generally be able to provide limited information. They will
rarely be able to provide information on the structures of the groups that were behind specific
crimes. Therefore, it is important that victims understand prosecutorial strategies and the reasons they have been selected as witnesses so that they do not feel that their views are being
ignored or that they have not contributed meaningfully to the process.
Some basic guidelines can go a long way towards helping to make the pursuit of justice a much
more meaningful experience for victims:
•M
anaging expectations. Those dealing with victims should manage expectations honestly.
The risks of participating in trials, and the prospects for success, should be discussed honestly and not disguised. There is no long-term value in misleading victims simply to ensure
the provision of testimony.
• Regular communications. Communication is central to a respectful relationship with victims; even a simple leaflet that outlines the process and gives contacts for further information can be invaluable. Communications policies should reflect and respect local customs
and dynamics. For example, village farmers should not be called to day-long meetings or
interviews during sowing or harvest times unless it is absolutely unavoidable. Such matters
are most easily addressed if there is a process that allows victims to explain what would
work for them and when. This in itself can be seen as part of the process of restoring their
dignity.
• Education. Many victims may have no real knowledge of what a legal process involves, so
an educational programme is essential. Victim liaison teams, guided by legal personnel, can
provide basic information as long as they are adequately trained and properly briefed. This
kind of information should take into account illiteracy rates among local populations.
• S taff awareness training. Many jurisdictions will benefit from some form of awareness
training that deals with respectful treatment of sensitive gender or race issues. This
presents special difficulties in domestic proceedings, especially where there is general
denial about discrimination.
42
ommon-law systems have not been blind to the possibilities of better treatment of victims, and may seek their input through
C
informal consultations or victim impact statements.
18
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