CRC/C/KGZ/CO/3-4
(b)
Children being arrested without a court order by law enforcement officers for
lacking identification documents and placed in the adaptation and rehabilitation centre for
juveniles, which has prison-like conditions;
(c)
The detention of children in prison-like conditions often for homelessness,
vagrancy and absenteeism at school in the Belovodsky Special Boarding School, which is
used as an alternative to imprisonment, although the large number of children detained have
not committed any crime;
(d)
Detention of children in temporary detention centres together with adults
with very limited visits allowed from their family.
67.
The Committee urges the State party to establish a juvenile justice system in
full compliance with the Convention, in particular articles 37, 39 and 40, and with
other relevant standards, 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 (the
Havana Rules), the Guidelines for Action on Children in the Criminal Justice System,
and the Committee’s general comment No. 10 (2007) on children’s rights in juvenile
justice. In particular, the Committee recommends that the State party:
(a)
Establish a system of juvenile courts with specialized staff and with a
restorative justice approach;
(b)
Avoid unlawful detention of children and ensure that legal safeguards
are implemented for the detained children;
(c)
Ensure independent court review of decisions on placements in the
adaptation and rehabilitation centre for juveniles and Belovodsky Special Boarding
School and provide children placed in those institutions with freedom of movement,
including the freedom to leave and return at their will;
(d)
Ensure that under no circumstances are children detained together with
adults and that detention of children is used as a last resort and allow regular visits
from the families of children in detention.
In doing the above, the State party should make use, if relevant, of the technical
assistance tools developed by the Interagency Panel on Juvenile Justice and its
members, including the United Nations Office on Drugs and Crime, the United
Nations Children’s Fund (UNICEF), the Office of the United Nations High
Commissioner for Human Rights and non-governmental organizations, and seek
technical assistance in the area of juvenile justice from members of the Panel.
Child victims and witnesses of crimes
68.
The Committee is concerned about the lack of a child-sensitive approach to child
victims and witnesses of crimes by untrained personnel who are often dismissive of a
child’s testimonies. The Committee is also concerned about the limited access to justice for
child victims of crimes, who are totally dependent on their legal representatives such as
parents and legal guardians.
69.
The Committee recommends that the State party ensure, through adequate
legal provisions and regulations, that all child victims and/or witnesses of crimes are
provided with the protection required by the Convention and that the State party take
fully into account the Guidelines on Justice in Matters involving Child Victims and
Witnesses of Crime. In particular, it recommends that child victims and witnesses are
treated in a child-sensitive manner and their views and testimonies are given due
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