CRC/C/15/Add.233
page 13
Juvenile justice
60.
The Committee is concerned that insufficient efforts have been made by the State party in
reviewing its juvenile justice system to bring it into full conformity with the Convention and
other related international instruments. It is also concerned, inter alia, that Law 46 establishes a
regime more severe in the field of penal responsibility of adolescents, in particular increasing the
maximum period of preventive detention from two to six months with the possibility to extend it
to one year.
61.
The Committee recommends that the State party continue its efforts to reform the
legislation concerning the system of juvenile justice in line with the Convention, in
particular articles 37, 40 and 39, and other United Nations standards in the field of juvenile
justice, including the United Nations Standard Minimum Rules for the Administration of
Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of
Juvenile Delinquency (the Riyadh Guidelines), the United Nations Rules for the Protection
of Juveniles Deprived of Their Liberty and the Vienna Guidelines for Action on Children
in the Criminal Justice System.
62.
As part of this reform, the Committee particularly recommends that the State
party:
(a)
Protect the rights of children deprived of their liberty and improve their
conditions of detention and imprisonment, notably by establishing special facilities for
children with conditions suitable to their age and needs and by ensuring the existence of
social services in all those facilities, and guarantee separation from adults in all pre-trial
and other detention centres;
(b)
Investigate, prosecute and punish any case of mistreatment committed by
law enforcement personnel, including prison guards, and establish an independent,
child-sensitive and accessible system for dealing with complaints from children;
(c)
Ensure that children remain in regular contact with their families while in
the juvenile justice system, notably by informing parents when their child was detained
and where he/she is being held;
(d)
Introduce regular medical examination of children by independent medical
staff;
(e)
Make every effort to establish a programme of recovery and social
rehabilitation of juveniles following judicial proceedings;
(f)
Take into consideration the recommendations of the Committee made at its
day of general discussion on juvenile justice (CRC/C/46, paras. 203-238);
(g)
Request technical assistance in the area of juvenile justice and police training
from, among others, UNICEF.