CRC/C/SAU/CO/3-4
(h)
Children in pretrial detention are held with convicted children and with adults
in certain detention facilities and children sentenced to death are often denied family visits.
44.
The Committee recommends that the State party strengthen its efforts to build
a system of restorative and rehabilitative juvenile justice that is fully in line 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 urges the State party to:
(a)
Expeditiously raise the age of criminal responsibility to an
internationally acceptable level, as previously recommended (see CRC/C/SAU/CO/2,
para. 75), taking into account that a minimum age of criminal responsibility below the
age of 12 years cannot be considered to be internationally acceptable;
(b)
Set and implement time limits for the period between the commission of
the offence and the completion of the police investigation, the decision of the
prosecutor (or other competent body) to bring charges against the child and the final
adjudication and decision by the court or other competent judicial body;
(c)
Ensure that all children can challenge the legality of their deprivation of
liberty before a competent authority within 24 hours of arrest and that a decision be
rendered as soon as possible and no later than two weeks after the challenge has been
made;
(d)
Ensure that children arrested and deprived of their liberty are provided
with free legal aid from the moment they are arrested and throughout the proceedings
and that interviewing children without the presence of a legal counsel be prohibited
by law. Both parents should be allowed to accompany their children during
proceedings;
(e)
Ensure by law that no person who was a child at the time of committing
an alleged offence can be tried before the Specialized Criminal Court;
(f)
Put an end to the arbitrary placement of children in centres under the
authority of the Ministry of Social Affairs and ensure that children who have been
placed in those centres are released without delay and provided with protection and
assistance measures;
(g)
Abolish the requirement for a male guardian to provide consent for
children to be released from prison at the end of their term and ensure that those who
remain in prison because of lack of consent be freed and provided with assistance and
support for their social reintegration;
(h)
Undertake a comprehensive assessment of the violations of girls’ rights
in the justice system and adopt measures to address them;
(i)
Ensure that children deprived of their liberty are separated from adults
in all places of detention and that the necessary measures be taken for children to
maintain contact with their families.
Child victims and witnesses of crimes
45.
The Committee also recommends that the State party ensure, through adequate
legal provisions and regulations, that all children who are victims or witnesses of
13