A/HRC/29/26 justice aims to rehabilitate and reintegrate child offenders in their communities “through a non-adversarial and voluntary process, based on dialogue, negotiation and problemsolving” and by ensuring that they understand “the harm caused to the victim and the community” and acknowledge “accountability for criminal behaviour and reparation of its consequences”.42 82. Guideline 18 of the Guidelines on the Role of Prosecutors specifically provides that: prosecutors shall give due consideration to waiving prosecution, discontinuing proceedings conditionally or unconditionally, or diverting criminal cases from the formal justice system, with full respect for the rights of suspect(s) and the victim(s). For this purpose, States should fully explore the possibility of adopting diversion schemes not only to alleviate excessive court loads, but also to avoid the stigmatization of pretrial detention, indictment and conviction, as well as the possible adverse effects of imprisonment. 83. Guideline 19 stipulates that “prosecutors shall use their best efforts to take prosecutor action against juveniles only to the extent strictly necessary”. The Beijing Rules further provide that “prosecution or other agencies dealing with juvenile cases shall be empowered to dispose of such cases, at their discretion, without recourse to formal hearings” (rule 11, para. 2). In some instances, judges can order diversion before the beginning of a trial at the stage of preparatory hearings. 84. Against this background, the Special Rapporteur considers that promoting strategies that provide alternatives to formal criminal proceedings, including measures based on the principle of restorative justice, is as important as building and strengthening child-sensitive administration of justice for juveniles. However, as noted by her predecessor, “the use of alternative mechanisms should not lead to substandard justice or obstruct the right to obtain a court ruling” (A/HRC/8/4, para. 35). It is therefore essential that any alternative measures, including but not limited to measures applied in the context of diversion, provide children with essential due-process guarantees to ensure their fairness. Moreover, the Committee on the Rights of the Child explained in its general comment No. 10 that diversion “should be used only when there is compelling evidence that the child committed the alleged offence, that he/she freely and voluntarily admits responsibility, and that no intimidation or pressure has been used to get that admission and, finally, that the admission will not be used against him/her in any subsequent legal proceeding[s]” (para.27). Lastly, the child must freely and voluntarily give consent for any measures of diversion and be given access to legal assistance to assess the alternative measure proposed. 85. The Special Rapporteur concurs with the Special Representative of the SecretaryGeneral on Violence against Children, who, in the context of discussing restorative justice measures, noted that “to ensure that the rights of the child are respected at all times and that the process is lawfully conducted, a competent authority, such as a child justice court, should have effective judicial overview”.43 E. Education, training and capacity-building for judges, prosecutors and lawyers 86. As seen throughout the preceding sections of this report, appropriate education, training and capacity-building are fundamental to ensure that those who come into contact with children in the justice system, especially judges, prosecutors and lawyers, respect, protect and fulfil children’s rights. A number of international instruments, including the Basic Principles on the Independence of the Judiciary, the Basic Principles on the Role of 42 43 Special Representative of the Secretary-General on Violence against Children, op.cit., p. 2. Ibid., p. 20. 17