CRC/C/GC/10
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use of pretrial detention. Use of pretrial detention as a punishment violates the presumption of
innocence. The law should clearly state the conditions that are required to determine whether to
place or keep a child in pretrial detention, in particular to ensure his/her appearance at the court
proceedings, and whether he/she is an immediate danger to himself/herself or others. The
duration of pretrial detention should be limited by law and be subject to regular review.
81. The Committee recommends that the State parties ensure that a child can be released from
pretrial detention as soon as possible, and if necessary under certain conditions. Decisions
regarding pretrial detention, including its duration, should be made by a competent, independent
and impartial authority or a judicial body, and the child should be provided with legal or other
appropriate assistance.
Procedural rights (art. 37 (d))
82. Every child deprived of his/her liberty has the right to prompt access to legal and other
appropriate assistance, as well as the right to challenge the legality of the deprivation of his/her
liberty before a court or other competent, independent and impartial authority, and to a prompt
decision on any such action.
83. Every child arrested and deprived of his/her liberty should be brought before a competent
authority to examine the legality of (the continuation of) this deprivation of liberty within
24 hours. The Committee also recommends that the States parties ensure by strict legal
provisions that the legality of a pretrial detention is reviewed regularly, preferably every two
weeks. In case a conditional release of the child, e.g. by applying alternative measures, is not
possible, the child should be formally charged with the alleged offences and be brought before a
court or other competent, independent and impartial authority or judicial body, not later than
30 days after his/her pretrial detention takes effect. The Committee, conscious of the practice of
adjourning court hearings, often more than once, urges the States parties to introduce the legal
provisions necessary to ensure that the court/juvenile judge or other competent body makes a
final decision on the charges not later than six months after they have been presented.
84. The right to challenge the legality of the deprivation of liberty includes not only the right to
appeal, but also the right to access the court, or other competent, independent and impartial
authority or judicial body, in cases where the deprivation of liberty is an administrative decision
(e.g. the police, the prosecutor and other competent authority). The right to a prompt decision
means that a decision must be rendered as soon as possible, e.g. within or not later than two
weeks after the challenge is made.
Treatment and conditions (art. 37 (c))
85. Every child deprived of liberty shall be separated from adults. A child deprived of his/her
liberty shall not be placed in an adult prison or other facility for adults. There is abundant
evidence that the placement of children in adult prisons or jails compromises their basic safety,
well-being, and their future ability to remain free of crime and to reintegrate. The permitted
exception to the separation of children from adults stated in article 37 (c) of CRC, “unless it is
considered in the child’s best interests not to do so”, should be interpreted narrowly; the child’s
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