Sexual exploitation
77. The Committee reiterates its concern, noted following the examination of the State party’s second periodic report, at the increasing instances of sexual exploitation of children, including through prostitution.
78. The Committee recommends that the State party strengthen efforts to investigate cases and prosecute perpetrators of child sexual exploitation and provide counselling and other recovery assistance to victims of sexual exploitation.
Administration of juvenile justice
79. The Committee reiterates its previous concern (CRC/C/15/Add.231) expressed upon consideration of the State party’s second report (CRC/C/104/Add.2) in February 2004 that the revision of the Juvenile Law in 2000 has adopted a rather punitive approach and has restricted the rights and judicial guarantees of juvenile offenders. In particular, the lowering of the age of criminal responsibility from 16 to 14 years reduces the possibility for educational measures and exposes many children between 14 and 16 years of age to detention in correctional centres; children over 16 years of age committing serious offenses can be sent to criminal courts; the length of pre-trial detention has been extended from four to eight weeks; and the new Saiban-in system, which is a lay judge system, constitutes an obstacle to the treatment of child offenders by a specialised juvenile court.
80. Moreover, the Committee is concerned at the notably increasing number of juveniles referred to adult criminal courts and regrets that procedural guarantees due to children in conflict with the law, including the right of access to legal counsel, are not systematically implemented, resulting, inter alia, in coerced confessions and unlawful investigative practices. The Committee is also concerned at the levels of violence against detainees in juvenile correctional facilities and at the possibility of keeping juveniles in pre-trial detention with adults.
81. The Committee urges the State party to review the functioning of the juvenile justice system with a view to fully bringing it 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 (the Havana Rules) and the Vienna Guidelines for Action on Children in the Criminal Justice System taking account of the Committee’s general comment No. 10 (2007) on children's rights in juvenile justice. In particular the Committee recommends that the State party, in particular:
(a) take preventive measures, such as supporting the role of families and communities in order to help eliminate the social conditions leading to children enter into contact with the criminal justice system, and take all possible measures to avoid subsequent stigmatization;
(b) consider reviewing its legislation in relation to the minimum age of criminal responsibility by raising it to the previous age of 16 years;
(c) ensure that children under the age of criminal responsibility are not treated as criminal offenders or sent to correctional centres and that children in conflict with the law are always dealt with within the juvenile justice system and not tried as adults in non-specialized courts and, to this end, consider reviewing the Saiban-in court system;
(d) ensure that all children are provided with legal and other assistance at all stages of the procedure, including through the expansion of the existing legal aid system;
(e) implement alternatives to the deprivation of liberty, such as probation, mediation, community service orders, or suspended deprivation of liberty sentences, wherever possible;
(f) ensure that deprivation of liberty (pre-trial and post-trial) is applied as a measure of last resort and for the shortest possible period of time and that it is reviewed on a regular basis with a view to withdrawing it;
(g) ensure that children deprived of liberty are not detained together with adults and have access to education, including in pre-trial detention; and
(i) ensure that all professionals involved with the system of juvenile justice are trained in relevant international standards.
77. The Committee reiterates its concern, noted following the examination of the State party’s second periodic report, at the increasing instances of sexual exploitation of children, including through prostitution.
78. The Committee recommends that the State party strengthen efforts to investigate cases and prosecute perpetrators of child sexual exploitation and provide counselling and other recovery assistance to victims of sexual exploitation.
Administration of juvenile justice
79. The Committee reiterates its previous concern (CRC/C/15/Add.231) expressed upon consideration of the State party’s second report (CRC/C/104/Add.2) in February 2004 that the revision of the Juvenile Law in 2000 has adopted a rather punitive approach and has restricted the rights and judicial guarantees of juvenile offenders. In particular, the lowering of the age of criminal responsibility from 16 to 14 years reduces the possibility for educational measures and exposes many children between 14 and 16 years of age to detention in correctional centres; children over 16 years of age committing serious offenses can be sent to criminal courts; the length of pre-trial detention has been extended from four to eight weeks; and the new Saiban-in system, which is a lay judge system, constitutes an obstacle to the treatment of child offenders by a specialised juvenile court.
80. Moreover, the Committee is concerned at the notably increasing number of juveniles referred to adult criminal courts and regrets that procedural guarantees due to children in conflict with the law, including the right of access to legal counsel, are not systematically implemented, resulting, inter alia, in coerced confessions and unlawful investigative practices. The Committee is also concerned at the levels of violence against detainees in juvenile correctional facilities and at the possibility of keeping juveniles in pre-trial detention with adults.
81. The Committee urges the State party to review the functioning of the juvenile justice system with a view to fully bringing it 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 (the Havana Rules) and the Vienna Guidelines for Action on Children in the Criminal Justice System taking account of the Committee’s general comment No. 10 (2007) on children's rights in juvenile justice. In particular the Committee recommends that the State party, in particular:
(a) take preventive measures, such as supporting the role of families and communities in order to help eliminate the social conditions leading to children enter into contact with the criminal justice system, and take all possible measures to avoid subsequent stigmatization;
(b) consider reviewing its legislation in relation to the minimum age of criminal responsibility by raising it to the previous age of 16 years;
(c) ensure that children under the age of criminal responsibility are not treated as criminal offenders or sent to correctional centres and that children in conflict with the law are always dealt with within the juvenile justice system and not tried as adults in non-specialized courts and, to this end, consider reviewing the Saiban-in court system;
(d) ensure that all children are provided with legal and other assistance at all stages of the procedure, including through the expansion of the existing legal aid system;
(e) implement alternatives to the deprivation of liberty, such as probation, mediation, community service orders, or suspended deprivation of liberty sentences, wherever possible;
(f) ensure that deprivation of liberty (pre-trial and post-trial) is applied as a measure of last resort and for the shortest possible period of time and that it is reviewed on a regular basis with a view to withdrawing it;
(g) ensure that children deprived of liberty are not detained together with adults and have access to education, including in pre-trial detention; and
(i) ensure that all professionals involved with the system of juvenile justice are trained in relevant international standards.