CRC/C/GC/10
page 21
commission of the offence. It means that a death penalty may not be imposed for a crime
committed by a person under 18 regardless of his/her age at the time of the trial or sentencing or
of the execution of the sanction.
76. The Committee recommends the few States parties that have not done so yet to abolish the
death penalty for all offences committed by persons below the age of 18 years and to suspend the
execution of all death sentences for those persons till the necessary legislative measures
abolishing the death penalty for children have been fully enacted. The imposed death penalty
should be changed to a sanction that is in full conformity with CRC.
No life imprisonment without parole
77. No child who was under the age of 18 at the time he or she committed an offence should
be sentenced to life without the possibility of release or parole. For all sentences imposed upon
children the possibility of release should be realistic and regularly considered. In this regard, the
Committee refers to article 25 of CRC providing the right to periodic review for all children
placed for the purpose of care, protection or treatment. The Committee reminds the States parties
which do sentence children to life imprisonment with the possibility of release or parole that this
sanction must fully comply with and strive for the realization of the aims of juvenile justice
enshrined in article 40 (1) of CRC. This means inter alia that the child sentenced to this
imprisonment should receive education, treatment, and care aiming at his/her release,
reintegration and ability to assume a constructive role in society. This also requires a regular
review of the child’s development and progress in order to decide on his/her possible release.
Given the likelihood that a life imprisonment of a child will make it very difficult, if not
impossible, to achieve the aims of juvenile justice despite the possibility of release, the
Committee strongly recommends the States parties to abolish all forms of life imprisonment for
offences committed by persons under the age of 18.
F. Deprivation of liberty, including pretrial detention and post-trial incarceration
78. Article 37 of CRC contains the leading principles for the use of deprivation of liberty, the
procedural rights of every child deprived of liberty, and provisions concerning the treatment of
and conditions for children deprived of their liberty.
Basic principles
79. The leading principles for the use of deprivation of liberty are: (a) the arrest, detention or
imprisonment of a child shall be in conformity with the law and shall be used only as a measure
of last resort and for the shortest appropriate period of time; and (b) no child shall be deprived of
his/her liberty unlawfully or arbitrarily.
80. The Committee notes with concern that, in many countries, children languish in pretrial
detention for months or even years, which constitutes a grave violation of article 37 (b) of CRC.
An effective package of alternatives must be available (see chapter IV, section B, above), for the
States parties to realize their obligation under article 37 (b) of CRC to use deprivation of liberty
only as a measure of last resort. The use of these alternatives must be carefully structured to
reduce the use of pretrial detention as well, rather than “widening the net” of sanctioned children.
In addition, the States parties should take adequate legislative and other measures to reduce the
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