VII. Involvement of victims in the investigation
1. States should ensure that victims may participate in the investigation
and the proceedings to the extent necessary to safeguard their legitimate
interests through relevant procedures under national law.
2. States have to ensure that victims may, to the extent necessary to safeguard their legitimate interests, receive information regarding the progress,
follow-up and outcome of their complaints, the progress of the investigation
and the prosecution, the execution of judicial decisions and all measures taken
concerning reparation for damage caused to the victims.
3. In cases of suspicious death or enforced disappearances, states must,
to the extent possible, provide information regarding the fate of the person
concerned to his or her family.
4. Victims may be given the opportunity to indicate that they do not wish
to receive such information.
5. Where participation in proceedings as parties is provided for in domestic law, states should ensure that appropriate public legal assistance and
advice be provided to victims, as far as necessary for their participation in the
proceedings.
6. States should ensure that, at all stages of the proceedings when necessary, protection measures are put in place for the physical and psychological
integrity of victims and witnesses. States should ensure that victims and
witnesses are not intimidated, subject to reprisals or dissuaded by other
means from complaining or pursuing their complaints or participating in the
proceedings. These measures may include particular means of investigation,
protection and assistance before, during or after the investigation process, in
order to guarantee the security and dignity of the persons concerned.
VIII. Prosecutions
1. States have a duty to prosecute where the outcome of an investigation
warrants this. Although there is no right guaranteeing the prosecution or
conviction of a particular person, prosecuting authorities must, where the
facts warrant this, take the necessary steps to bring those who have committed serious human rights violations to justice.
2. The essential requirements for an effective investigation as set out in
guidelines V and VI also apply at the prosecution stage.
Effective investigation of ill-treatment – Guidelines ► Page 126
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