CRC/C/HND/CO/3
page 21
Administration of juvenile justice
80. The Committee notes some progress in the implementation of the juvenile justice system,
including the establishment of juvenile courts in eight departments. The Committee is concerned
at the systematic use of pretrial detention and the steep increase of persons below 18 deprived of
their liberty since the adoption of the new anti-maras measures, such as article 332 of the Penal
Code, which contemplates the offence of “illicit association”. The Committee is particularly
concerned that many children are arrested and detained on the mere allegation that they may
belong to a mara because of their appearance, e.g. due to the way of dressing or to the presence
of a tattoo or a symbol. The Committee is further concerned about the following:
(a) Deprivation of liberty is regularly used due to the lack of an effective system of
alternative measures;
(b) Bad conditions of detention, despite recent progress, in the centres for children;
including overcrowding, lack of medical and psychological services, and lack of sanitation;
(c)
liberty;
Reports of consistent violation of the right to privacy of children deprived of their
(d) Decisions depriving children of liberty are neither periodically nor consistently
reviewed;
(e) According to information received, accused children awaiting trial are not always
separated from persons already convicted;
(f) The majority of children do not have access to reintegration programmes during or
after the period of deprivation of liberty.
81. The Committee recommends that the State party ensure that persons below 18 are
not deprived of their liberty unlawfully or arbitrarily, in particular as a consequence of the
application of anti-maras measures. It further recommends that the State party take all
necessary legislative and other measures, including the abolition of article 332 of the
Criminal Code, to prevent criminalization and/or deprivation of liberty of children merely
based on their appearance. Pretrial detention should be limited only to certain conditions
clearly established by the law, in particular to assure the child’s appearance at the court
proceedings and if the child is in immediate danger to self or others. The duration of
pretrial detention should be limited by law and be subject to regular review, e.g. every
month. The Committee further recommends that the State party:
(a) Develop and implement a wide variety of extensive measures alternative to the
deprivation of liberty;
(b) Ensure that deprivation of liberty is used only as a measure of last resort and
for the shortest appropriate period of time;