Samenvatting

The authors discuss the space that can be found for restorative justice in decisions on human rights issues in the criminal procedure by the European Court of Human Rights, based on par. 6 of the European Convention on Human Rights. There is room for restorative justice because the court accepts the waiver of the procedural rights and safeguards by the defendant, provided that he does so completely voluntarily, after being fully informed, and provided that there is no important public interest that stands in the way of out-of-court settlements. The alternative procedure to a full dressed criminal trial should, in addition, live up to such standards that the procedure can be judged fair. Pressures on avoiding unreasonable delay and legal counseling necessary to fully inform the defendant about his options can lead to a formalization of restorative procedures which can be a threat to the merits of restorative justice.