CRC/C/15/Add.259
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90.
Furthermore, the Committee is concerned about the very low minimum age of criminal
responsibility (9 years). Referring to the provisions on youth detention homes of the Child and
Youth Welfare Code and the Rules and Regulations on the Apprehension, Investigation,
Prosecution and Rehabilitation of Youth Offenders (Presidential Decree No. 603), the
Committee is concerned about the inadequate implementation of these provisions and the
placement of persons below 18 years of age together with adults in detention. Unlawful
detention of children, street children for instance, for the extended period of time and limited, or
lacking access to appropriate legal aid and assistance and adequate social and health services
give cause for serious concern. In addition, the Committee is concerned about unreasonable
amounts requested for bail, which cause insurmountable financial obstacles for children and their
parents, limitations as regards the suspension of sentences and poor detention conditions,
including so-called secret cells.
91.
The Committee urges the State party to ensure that its legislation and practice
concerning juvenile justice is in full compliance with the provisions of the Convention, in
particular articles 37, 39 and 40, as well as other relevant international standards in this
area, such as the United Nations Standard Minimum Rules for the Administration of
Juvenile Justice (The Beijing Rules) (General Assembly resolution 40/33), the
United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh
Guidelines) (General Assembly resolution 45/112), the United Nations Rules for the
Protection of Juveniles Deprived of their Liberty (General Assembly resolution 45/113)
and the Guidelines for Action on Children in the Criminal Justice System (annexed to
Economic and Social Council resolution 1997/30 of 21 July 1997). In this regard, the
Committee recommends to the State party in particular that it:
(a)
Adopt, as a matter of urgency, a proposed bill on Comprehensive Juvenile
Justice System and Delinquency Prevention Programme and raise the minimum age of
criminal responsibility to an internationally acceptable level;
(b)
Ensure that deprivation of liberty is used only as a measure of last resort, for
the shortest possible time and in appropriate conditions, and that persons below 18 years of
age are not detained with adults;
(c)
Establish juvenile courts staffed with sufficient, appropriately trained
professional personnel;
(d)
Ensure that persons below 18 years of age have access to legal aid and
independent and effective complaints mechanisms;
(e)
Implement alternative measures to deprivation of liberty, such as probation,
community service or suspended sentences;
(f)
children;
Train professionals in the area of recovery and social reintegration of