CRC/C/PAN/CO/3-4
very poor and that there is no systematic inspection to investigate and evaluate actual
conditions as well as violations to existing regulations.
76.
The Committee recommends that the State party bring the juvenile justice
system fully in line with the Convention, in particular by:
(a)
(b)
detention;
(c)
Increasing the age of criminal responsibility;
Reinstating the provision that forbids the extension of provisional
Reducing the scope of provisional detention to fewer offenses;
(d)
Eliminating the possibility of granting extensions to investigate an
alleged offence beyond the maximum time limit provided by law, and re-establish a
maximum time limit to investigate cases related to minor offences;
(e)
Reinstating social-educational sanctions in case of recidivism for certain
offenses and revoke the increase of the time in prison for aggravating circumstances;
and,
(f)
Re-establishing the possibility that children turned 18 years old and
sentenced to prison can conclude their sentence in a juvenile detention centre.
77.
In doing the above, the Committee strongly recommends that all international
standards be taken into account, including the Standard Minimum Rules for the
Administration of Juvenile Justice (the Beijing Rules), the Guidelines for the
Prevention of Juvenile Delinquency (the Riyadh Guidelines), the Rules for the
Protection of Juveniles Deprived of their Liberty (the Havana Rules), the Vienna
Guidelines for Action on Children in the Criminal Justice System; and the
Committee’s general comment No. 10 (2007) on the rights of the child in juvenile
justice (CRC/C/GC/10). The Committee also reiterates that the State party make use
of the technical assistance tools developed by the United Nations Interagency Panel on
Juvenile Justice and its members, including the United Nations Office on Drugs and
Crime (UNODC), UNICEF, OHCHR and NGOs, and seek technical assistance in the
area of juvenile justice from members of the Panel.
78.
The Committee also recommends that the State party improve as a matter of
urgency the physical conditions of pretrial and detention facilities, including sleeping
and eating quarters, bathrooms, playrooms, and food and clothing, revise procedures
and norms regarding the use and maintenance of such facilities, and train and
supervise personnel.
Protection of witnesses and victims of crimes
79.
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, sexual and economic exploitation and
trafficking, 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).
Children belonging to minority or indigenous groups
80.
The Committee reiterates its concern that children belonging to indigenous groups
and Afro-Panamanian children from poorer urban areas suffer cumulative disadvantages
and discrimination that impact negatively on the enjoyment of their rights and their
development, and that they do not receive services adapted to their culture, history and
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