A/HRC/4/40/Add.3 page 6 II. INSTITUTIONAL AND LEGAL FRAMEWORK A. Institutional framework State 7. Nicaragua is a democratic, participatory and representative republic. Its Political Constitution, approved and promulgated on 9 January 1987, establishes four branches of government: the legislature, the executive, the judiciary, headed by the Supreme Court of Justice, and the electoral branch, headed by the Supreme Electoral Council (art. 7). The Constitution states that the people of Nicaragua are multi-ethnic in nature and form an integral part of the Central American nation (art. 8). Legislative authority is vested in the National Assembly, by delegation and mandate of the people. This is a single chamber body made up of 91 representatives elected from regional constituencies through a system of proportional representation for a period of five years (art. 132). Executive authority is wielded by the President of the Republic, who is the head of State, head of Government and head of the country’s defence and security forces (art. 144). The President also serves for a term of five years. Courts 8. The Constitution states that justice emanates from the people and is exercised on behalf and by delegation of the people by the judiciary (art. 158). The Supreme Court must comprise a minimum of seven judges (art. 163). Since 2000, it has been made up of 16 judges, appointed by the National Assembly from a list of candidates put forward by the President of the Republic (art. 163). The judges of the Supreme Court enjoy immunity. The Supreme Court organizes and directs the administration of justice; it hears and decides ordinary and extraordinary appeals against the decisions of lower courts; it hears and decides appeals for constitutional protection (amparo) and decides on actions of unconstitutionality; and it appoints the judges of the appeals courts, judges at lower levels and district and local judges (art. 164). Structurally it is divided into constitutional, criminal, civil and administrative chambers. 9. Following the promulgation of the Constitution, a programme of judicial reform was launched. In 1997, the former Courts Act was replaced by the Judiciary Organization Act. 10. The Appeals Court is made up of five judges, each appointed for a term of five years, which may be extended for a further five years. The criminal chambers of the Appeals Court hear appeals against sentences handed down by district judges for serious offences (Code of Criminal Procedure, art. 21). The delegation learned that steps were recently taken to extend the terms of office of 14 of the 20 Appeals Court judges for an additional period of five years. 11. In the criminal justice system, there are three categories of judges: hearings judges, trial judges and criminal enforcement judges. The trial judges may be local judges, competent in the area of minor and less serious offences, and the district judges competent in the area of serious offences. The enforcement judges monitor compliance with the law by the prisons system and ensure that the purpose of the sentence as determined by the Constitution is properly served. The law also establishes the institution of children’s and juvenile judges.