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The rural judicial facilitators program in Nicaragua – an exemplary model of restorative justice?

Westerlund, Sara
June 4, 2015

Source: (2007) MFS-Report No. 43. UMEÃ… UNIVERSITY Department of Law.

Our purpose is to study the Rural Judicial Facilitators Program in the light of the restorative
justice theory, and examine whether it complies with relevant fundamental legal principles.
This will be done in three stages:
1. First we will examine the theoretical background of using other means than
prosecution to deal with crimes. What is restorative justice and in which ways can it
be in conflict with due process- and victims’ rights identified in the UN International
Covenant on Civil and Political Rights? In relation to this we will look at how the UN Resolution Basic Principles on the Use of Restorative Justice Programmes in
Criminal Matters9 answers to the need of protecting these rights.
2. What is the RJF Program and how does it work in theory and in practice? Our primary
focus is the mediation process in cases when it is used as an alternative to prosecution
of crimes.
3. How does the RJF Program answer to the concerns expressed when using restorative
justice programs? Does it comply with the recommendations in the UN Resolution and
does it work in a way that is acceptable from a rule of law point of view? (excerpt)


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