the separation of accused persons from convicted persons is effected and
explain how the treatment of accused persons differs from that of convicted
persons.
10. As to article 10, paragraph 3, which concerns convicted persons, the
Committee wishes to have detailed information on the operation of the
penitentiary system of the State party. No penitentiary system should be only
retributory; it should essentially seek the reformation and social
rehabilitation of the prisoner. States parties are invited to specify whether
they have a system to provide assistance after release and to give information
as to its success.
11. In a number of cases, the information furnished by the State party
contains no specific reference either to legislative or administrative
provisions or to practical measures to ensure the re-education of convicted
persons. The Committee requests specific information concerning the measures
taken to provide teaching, education and re-education, vocational guidance and
training and also concerning work programmes for prisoners inside the
penitentiary establishment as well as outside.
12. In order to determine whether the principle set forth in article 10,
paragraph 3, is being fully respected, the Committee also requests information
on the specific measures applied during detention, e.g., how convicted persons
are dealt with individually and how they are categorized, the disciplinary
system, solitary confinement and high-security detention and the conditions
under which contacts are ensured with the outside world (family, lawyer,
social and medical services, non-governmental organizations).
13. Moreover, the Committee notes that in the reports of some States parties
no information has been provided concerning the treatment accorded to accused
juvenile persons and juvenile offenders. Article 10, paragraph 2 (b),
provides that accused juvenile persons shall be separated from adults. The
information given in reports shows that some States parties are not paying the
necessary attention to the fact that this is a mandatory provision of the
Covenant, The text also provides that cases involving juveniles must be
considered as quickly as possible. Reports should specify the measures taken
by States parties to give effect to that provision, Lastlyr under article 10,
paragraph 3, juvenile offenders shall be segregated from adults and be
accorded treatment appropriate to their age and legal status in so far as
conditions of detention are concerned, such as shorter working hours and
contact with relatives, with the aim of furthering their reformation and
rehabilitation. Article 10 does not indicate any limits of juvenile age.
While this is to be determined by each State party in the light of relevant
social, cultural and other conditions, the Committee is of the opinion that
article 6, paragraph 5, suggests that all persons under the age of 18 should
be treated as juveniles, at least in matters relating to criminal justice.
States should give relevant information about the age groups of persons
treated as juveniles. In that regard. States parties are invited to indicate
whether they are applying the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice, known as the Beijing Rules (1987).
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