CRC/C/TJK/CO/2
Administration of juvenile justice
72.
The Committee welcomes the establishment of the experts group on juvenile justice
within the Commission on the Rights of the Child. It also welcomes the project with the
Children’s Rights Centre UK on improving the justice system for minors as well as
establishing alternatives to pre trial detention and preliminary investigation, which led to
appointment of first judges on juvenile justice. However the Committee is concerned that
the Tajik criminal justice system lacks juvenile courts, judges who specialize in juvenile
justice and a separate form of criminal procedure for children in conflict with the law. It is
also concerned that despite the age of criminal responsibility set at 14, children below 14,
are frequently subjected to arrest, pretrial detention and deprivation of liberty in closed
institutions. Furthermore the Committee is concerned that children aged 16 or above are
kept in closed institutions for minor offences.
73.
The Committee recommends that the State party:
(a)
Ensure the establishment of juvenile justice system in full compliance
with juvenile justice standards, in particular articles 37, 40 and 39 of the Convention
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, and, in light of the Committee’s 1995 Day of
General discussion on “”The Administration of Juvenile Justice (CRC/C/46);
(b)
Ensure that the minimum age of criminal responsibility is effectively
implemented and that children below the age of 14 are not subject to criminal
treatment and be protected outside the criminal justice system;
(c)
Review all cases of children sentenced to imprisonment in order to
ensure that deprivation of liberty is only used as a measure of last resort and for the
shortest possible period of time;
(d)
Guarantee that all children have the right to appropriate legal assistance
and defence by assigning a sufficient number of lawyers with relevant training and
competence and an adequate number of probation officers to assist juvenile courts;
(e)
Ensure that children in detention are always separated from adults;
(f)
Ensure that children remain in regular contact with their families while
in the juvenile justice system;
(g)
Carry out specialized training for personnel in juvenile justice system.
(h)
Seek technical assistance in the area of juvenile justice from UNICEF
and the United Nations Interagency Panel on Juvenile Justice.
Protection of witnesses and victims of crimes
74.
The Committee recommends that the State party ensure, through adequate
legal provisions and regulations, that all children victims and/or witnesses of crimes,
e.g. children victims of abuse, domestic violence, armed conflict, sexual and economic
exploitation, abduction, and trafficking and witnesses of such crimes, are provided
with the protection required by the Convention and that it take fully into account the
United Nations Guidelines on Justice in Matters Involving Child Victims and
Witnesses of Crime (annexed to Economic and Social Council resolution 2005/20 of 22
July 2005).
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