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National Service of Judicial Facilitators

Facilitadores Judiciales

Technical Records Name: Support for the Establishment of the National Service of Judicial Facilitators (FJR) Objective: To reinforce the access of justice to the citizens of Nicaragua who live in more outlying rural areas by establishing a service with national coverage, administered by the Justice Department and produced with the help and funds contributed by other Nicaraguan sources.

Potentially Benefited Population

Rural population of 127 municipalities More than 500,000 citizens have access to FJR services

Components Sponsorship Development Material Support Expansion Sustainability Support to the Wihta

Areas of Coverage

110 Municipalities

Implementation Unit

Inter-American program of Judicial Facilitators/GS/ OAS/ Nicaragua

Local Coordination

Supreme Court of Justice Office of attention to the facilitator (CSJ) 110 Local Courts 1,167 Judicial Facilitators

Structure of Implementation

Civil Participation

History

At the beginning of the year 2000, the main characteristics of rural areas in the country, in particular located in the Central, North and Atlantic region were reflecting a high grade of isolation, insecurity and weak institutional presence of the government. They had high levels of violence, impunity and constant threats to the social and political stability mostly motivated by the extreme poverty. Based on this reality, the Program of Access to the Administration of Justice in rural zones was born, also known as the Program of Judicial Facilitators. The Supreme Court signed an cooperation agreement with the Organization of the American States in March, 2003. This agreement was signed with the objective of reinforcing the access of justice and to strengthen mechanisms of prevention and alternate resolution of conflicts as a route to promote and support the social balance and harmonic coexistence.

Legal Base The legal base is established on chapter VI of the Facilitators' Regulations, which says: "In accordance with what was agreed in article 57, of the second paragraph of the Procedural Penal Code published in the 243rd issue of the Official newspaper: “The Gazette,” on December 21, 2001. It is declared that it is the Supreme Court’s duty to organize the functioning of the Facilitators of Justice in rural zones.  Furthermore, in accordance with the article 423 of the same body of law, which then reforms article 169 of law 260, source of law of the Judicial Power, published in the 137th issue of The Gazette in July 23, 1998. The Judicial Rural Facilitators constitute an Auxiliary Personnel to the service of the Administration of Justice."

Pre-Requisites to Become a Judicial Rural Facilitator

Must be 18 or older Must be able to read and write Must be a leader recognized in his/her community Must live in the community that proposes him/her Must have No Criminal Records Must not be member of any political party Must not be active duty military (Should resign at least twelve months before) Must have knowledge in the matters of the Judicial Power and other Organizations Must be listed in the local Judge’s Act as the solely owner of their respective residence In the respective Municipality.

Roles of a Judicial Rural Facilitator

To aid people in their respective community in judicial administrative matters. To increase the juridical knowledge acquired thru training with the Courts and other Organizations in his/her community. To carry out extrajudicial mediations in cases in which the law allows it. To pursuit and control the extrajudicial mediations performed. To sustain communication and interaction with the local officials who integrate the service of the Administration of Justice. To support the judge in the implementation of activities, the proper function of the Administration of Justice and to improve the access to justice. To complete previous mediations listed in article 57 of the Procedural Penal Code.

Activities

The National Service of Justice is a powerful mechanism of civil participation in the access and prevention of justice.

As mechanism of access, the facilitators have allowed more than 15,000 cases to be attended by the local judges; likewise they have assisted them to solve more than 4,000 cases. As mechanism of prevention, the facilitators have provided guidance in approximately 15,000 cases. They have also helped over 8,000 citizens by guiding them when making negotiations. Furthermore, they have resolved approximately 18,000 cases, dealing with mediations and judicial matters in a peaceful and harmonious way. Moreover, they have also worked with 110 Indigenous Judges or Wihta in the sovereign regions of the North and the South. By doing so, they have harmonized the regime rights with the indigenous rights. It is important to point out that even though women represent 22 % of the group, the problems related to women solved by the facilitators is equivalent to 60 %. We must also mention that one of the Female Facilitators helping this case was recently nominated for the Nobel Price of Peace (with the initiative of 1,000 women for the peace), in recognition of what they have accomplished.

In the past four years, the facilitators became part of 110 municipalities in the country (of which 53 local governments contribute with funds for the operation of the program, totaling over half a million Cordobas this year). The contribution of the Facilitators’ voluntary work is in 2007 is estimated to equal more than 3.5 million Córdobas. The Judicial Power will contribute with the amount of 1.5 million Cordobas to continue servicing numerous communities. Thus far, the total amount of funds the CSJ has contributed, by volunteering its personnel, has not been estimated (magistrates, judges, administrative delegates, clerical staff and others).

The Judicial Power will reach port 1.5 million córdobas for the operation capacity of the service, there has not been quantified the total that the CSJ contributes with personnel of his regular structures and that they involve in the establishment of the service (magistrates, judges, administrative delegates, clerical staff and others).

If you want to make a donation to this program please write or call:

Mr.Pedro Vuskovic Senior Officer Coordinador Programa Interamericano de Facilitadores Judiciales Te. (202)3168316 Fax (202)4586029 pvuskovic@oas.org

Mr.Edwin Choy Administrative Officer Administrador Programa Interamericano de Facilitadores Judiciales Organization of American States Secretariat for Legal Affairs 19th Street and Constitution Avenue N.W. Washington DC   20006 USA Te. (202)4583408 Fax (202)4586029 echoy@oas.org