CRC/C/GC/10
page 17
57. There are many other less violent ways to coerce or to lead the child to a confession or a
self-incriminatory testimony. The term “compelled” should be interpreted in a broad manner and
not be limited to physical force or other clear violations of human rights. The age of the child,
the child’s development, the length of the interrogation, the child’s lack of understanding, the
fear of unknown consequences or of a suggested possibility of imprisonment may lead him/her
to a confession that is not true. That may become even more likely if rewards are promised such
as: “You can go home as soon as you have given us the true story”, or lighter sanctions or release
are promised.
58. The child being questioned must have access to a legal or other appropriate representative,
and must be able to request the presence of his/her parent(s) during questioning. There must be
independent scrutiny of the methods of interrogation to ensure that the evidence is voluntary and
not coerced, given the totality of the circumstances, and is reliable. The court or other judicial
body, when considering the voluntary nature and reliability of an admission or confession by a
child, must take into account the age of the child, the length of custody and interrogation, and the
presence of legal or other counsel, parent(s), or independent representatives of the child. Police
officers and other investigating authorities should be well trained to avoid interrogation
techniques and practices that result in coerced or unreliable confessions or testimonies.
Presence and examination of witnesses (art. 40 (2) (b) (iv))
59. The guarantee in article 40 (2) (b) (iv) of CRC underscores that the principle of equality of
arms (i.e. under conditions of equality or parity between defence and prosecution) should be
observed in the administration of juvenile justice. The term “to examine or to have examined”
refers to the fact that there are distinctions in the legal systems, particularly between the
accusatorial and inquisitorial trials. In the latter, the defendant is often allowed to examine
witnesses although he/she rarely uses this right, leaving examination of the witnesses to the
lawyer or, in the case of children, to another appropriate body. However, it remains important
that the lawyer or other representative informs the child of the possibility to examine witnesses
and to allow him/her to express his/her views in that regard, views which should be given due
weight in accordance with the age and maturity of the child (art. 12).
The right to appeal (art. 40 (2) (b) (v))
60. The child has the right to appeal against the decision by which he is found guilty of the
charge(s) brought against him/her and against the measures imposed as a consequence of this
guilty verdict. This appeal should be decided by a higher, competent, independent and impartial
authority or judicial body, in other words, a body that meets the same standards and requirements
as the one that dealt with the case in the first instance. This guarantee is similar to the one
expressed in article 14 (5) of ICCPR. This right of appeal is not limited to the most serious
offences.
61. This seems to be the reason why quite a few States parties have made reservations
regarding this provision in order to limit this right of appeal by the child to the more serious
offences and/or imprisonment sentences. The Committee reminds States parties to the ICCPR