Assessing the Effects of the 2004 CPC on Victim’s Rights

Abstract

This chapter provides an empirical assessment of victims’ rights within the criminal justice reform of the early 2000s. It examines whether the five agendas involved in this process of reform (adversarial system; punitive; restorative justice; victims’ rights to truth, justice, and reparation; and rights of women victims of violence) have actually been put into action. The first section argues that there has been a dominant punitive trend, particularly after punitive counterreforms of the 2004 CPC. However, data indicate that punitiveness does not involve more protection for victims of serious crimes. The second section suggests that actors promoting a restorative justice agenda have only attained some of their goals. Restorative justice programs have not been implemented to respond to the needs of victims of serious crimes. Furthermore, although conciliation is frequently used for processing minor crimes, there is a gap between theory on restorative justice and the practice of conciliation hearings. The third section examines the agenda of rights to truth, justice and reparation by exploring the case of victims of human rights violations. It concludes that victims face various obstacles to participating in criminal proceedings under the 2004 CPC, which especially affect the rights of victims of human rights abuses. The final section explores whether women’s advocates have attained their goals regarding assistance and protection of victims and punishment of offenders, primarily in cases of domestic violence. According to available data, the punitive legal reforms designed to tackle this form of violence have brought mixed results.