CRC/C/COL/CO/3
page 21
Administration of juvenile justice
90.
While the Committee is concerned over the rapidly rising number of children prosecuted
in the regular justice system, the high number of children deprived of liberty and the detention of
children in facilities which fail to comply with international standards and separation of children
from adults. Furthermore, the Committee notes the lack of recovery and social reintegration
programmes for children.
91.
The Committee reiterates its previous recommendation that the State party bring
the system of juvenile justice fully in line with the Convention, in particular articles 37, 40
and 39, and with 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 the recommendations of the Committee made at its day
of general discussion on juvenile justice (CRC/C/46, paras. 203-238). In this regard, the
Committee recommends that the State party in particular:
(a)
Ensure that the minimum age of criminal responsibility is set in accordance
with internationally established standards;
(b)
Ensure that deprivation of liberty is used only as a measure of last resort.
When used as last resort the facilities should comply with international standards;
(c)
Take all necessary measures to ensure that every person below 18 deprived
of his or her liberty be separated from adults, in accordance with article 37 (c) of the
Convention;
(d)
Establish an independent child-sensitive and accessible system for the
reception and processing of complaints by children and investigate, prosecute and punish
cases of mistreatment committed by law-enforcement personnel and prisons guards;
(e)
Ensure that children deprived of their liberty remain in regular contact with
their families while in the juvenile justice system, notably by informing parents when their
child is detained;
(f)
Be guided in this respect by the United Nations Guidelines on Justice in
Matters involving Child Victims and Witnesses of Crime (Economic and Social Council
resolution 2005/20);
(g)
Provide training for penitentiary staff on children’s rights and special needs;
(h)
Request further technical assistance in the area of juvenile justice and police
training from, inter alia, OHCHR and UNICEF.