CRC/C/SAU/CO/3-4
children in street situations and undertake studies to determine the root causes of the
phenomenon, develop a comprehensive strategy in order to guarantee that children in
street situations have access to education and health services, while taking all
measures necessary to protect them.
Sale, trafficking and abduction
42.
The Committee urges the State party to take measures to ensure effective
enforcement of the prohibition on the use of trafficked children as camel jockeys. The
State party should establish mechanisms and procedures for the identification of child
victims of trafficking and effectively prosecute, convict and punish child traffickers
with penalties commensurate with the gravity of their crimes. Child victims of
trafficking should be provided with comprehensive protective and rehabilitation
services, including adequate shelter.
Administration of juvenile justice
43.
While noting as positive the adoption of the Judiciary Act by Royal Decree No.
M/78 of 1 October 2007, which establishes chambers for juvenile cases in the criminal
courts, the Committee is concerned about the absence of a comprehensive legal framework
in relation to children in conflict with the law and the broad discretion given to law
enforcement officials to determine, in the absence of a penal code, the offences for which
children can be arrested and detained, as in the case of girls suspected of khalwa or
mingling (ikhtilat) and to decide whether children are mature enough to be tried as adults.
The Committee is particularly concerned that:
(a)
In spite of the fact that children between 7 and 15 years of age can only be
subjected to disciplinary measures, judges might decide that a child below 15 is mature
enough to be criminally charged and sentenced as an adult;
(b)
Children arrested can be detained as adults for up to 24 hours before being
referred to the prosecution and for up to six months by the prosecutor’s office without being
permitted to challenge their detention, and therefore may spend considerable amounts of
time in jail before being brought before a judge;
(c)
Children are seldom provided with legal assistance to defend themselves,
even when facing serious charges, and cannot be represented by their mothers because of
lack of guardianship;
(d)
Children involved in demonstrations have been tried and sentenced, including
to death, by the Specialized Criminal Court, which was created in 2008, operates under the
authority of the Ministry of the Interior and had its jurisdiction extended in 2014 by the
Penal Law for Crimes of Terrorism and its Financing to include anyone who “disturbs
public order”;
(e)
The Ministry of Social Affairs can detain both boys and girls indefinitely,
even when they have been neither charged with nor convicted of an offence. While such
detention is subject to judicial review for boys, it is not for girls;
(f)
At the end of their term, detained children can only be released to the custody
of their guardian, leaving them vulnerable to indefinite detention if their guardian or the
institution believe that the child is in need of additional guidance and care or to having their
detention extended until the age of 18 years for boys and beyond for girls;
(g)
Girls are highly discriminated in the justice system, as there are no female
judges or lawyers in the State party, and are often detained together with adults and placed
in detention centres far from their families;
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