DOC/OS(XXX)247
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(v) Avoiding unnecessary delay in the disposition of cases and the execution of orders or
decrees granting awards to victims.
Informal mechanisms for the resolution of disputes, including mediation, arbitration and
traditional or customary practices, should be utilized where appropriate to facilitate
conciliation and redress for victims.
Offenders or third parties responsible for their behaviour should, where appropriate, make
fair restitution to victims, their families or dependants. Such restitution should include the
return of property or payment for the harm or loss suffered, reimbursement of expenses, the
provision of services and the restoration of rights.
States should review their practices, regulations and laws to consider restitution as an
available sentencing option in criminal cases, in addition to other criminal sanctions.
Where public officials or other agents acting in an official or quasi-official capacity have
violated national criminal laws or international law, the victims should receive restitution
from the State whose officials or agents were responsible for the harm inflicted.
When compensation is not fully available from the offender or other sources, States should
endeavour to provide financial compensation to:
(i) Victims who have sustained significant bodily injury or impairment of physical or mental
health as a result of serious crimes;
(ii) The family, in particular dependants of persons who have died or become physically or
mentally incapacitated.
States are encouraged to establish, strengthen and expand national funds for compensation to
victims.
States must ensure that :
(i) Victims receive the necessary material, medical, psychological and social assistance
through state, voluntary, non-governmental and community-based means.
(ii) Victims are informed of the availability of health and social services and other relevant
assistance and be readily afforded access to them.
(iii) Police, justice, health, social service and other personnel concerned receive training to
sensitize them to the needs of victims, and guidelines are adopted to ensure proper and
prompt aid.
Q. TRADITIONAL COURTS
a) Traditional courts, where they exist, are required to respect international standards on the
right to a fair trial.
b) The following provisions shall apply, as a minimum, to all proceedings before traditional
courts:
(i) equality of persons without any distinction whatsoever as regards race, colour, sex,
gender, religion, creed, language, political or other opinion, national or social origin,
means, disability, birth, status or other circumstances;
(ii) respect for the inherent dignity of human persons, including the right not to be subject to
torture, or other cruel, inhuman or degrading punishment or treatment;
(iii) respect for the right to liberty and security of every person, in particular the right of every
individual not to be subject to arbitrary arrest or detention;
(iv) respect for the equality of women and men in all proceedings;
(v) respect for the inherent dignity of women, and their right not to be subjected to cruel,
inhuman or degrading treatment or punishment;
(vi) adequate opportunity to prepare a case, present arguments and evidence and to challenge
or respond to opposing arguments or evidence;
(vii) an entitlement to the assistance of an interpreter if he or she cannot understand or
speak the language used in or by the traditional court;