CRC/C/GC/24
with the guarantee provided for in article 40 (2) (b) (vii) of CRC, and the right of the child to
be protected against interference with his/her privacy and correspondence (art. 16 of CRC)
Decisions without delay and with involvement of parents (art. 40 (2) (b) (iii))
65.
The Committee reiterates that, for children in conflict with the law, the time between
the commission of the offence and the final response to this act should be as short as possible.
The longer this period, the more likely it is that the response loses its desired positive,
pedagogical impact, and the more the child will be stigmatized. The term “promptly” relating
to notification of charges (art. 40 (2) (b) (ii) of CRC) and the term “without delay” (art. 40
(2) (b) (iii) of CRC) relating to determination of matter, are both stronger than the term
“without undue delay” of article 14 (3) (c) of ICCPR.
66.
The Committee recommends that the States parties 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 decision by the court or other competent judicial body. These
time limits should be much shorter than those set for adults, but the shortened time frames
should still allow for the child’s rights and the legal safeguards to be fully respected.
67.
Parents or legal guardians should also be present at the proceedings. However, the
judge or competent authority may decide, at the request of the child or of his/her legal or
other appropriate assistance or because it is not in the best interests of the child (art. 3
paragraph 1 of CRC), to limit, restrict or exclude the presence of the parents from the
proceedings.
68.
The Committee recommends that States parties explicitly provide by law for the
maximum possible involvement of parents or legal guardians in the proceedings against the
child because they can provide general psychological and emotional assistance to the child.
This involvement shall in general contribute to an effective response to the child’s
infringement of the penal law. To promote parental involvement, parents must be notified of
the apprehension of their child as soon as possible.
69.
At the same time, the Committee regrets the trend in some countries
to introduce the punishment of parents for the offences committed by their children ; this
practice may operate to the detriment of the child and will is unlikely to contribute to their
becoming active partners in the social reintegration of their child.
Freedom from compulsory self-incrimination (art. 40 (2) (b) (iii))
70.
In line with article 14 (3) (g) of ICCPR, CRC requires that a child is not compelled to
give testimony or to confess or acknowledge guilt. Torture, cruel, inhuman or degrading
treatment in order to extract an admission or a confession constitutes a grave violation of the
rights of the child (art. 37 (a) of CRC) and is wholly unacceptable. No such admission or
confession can be admissible as evidence (article 15 of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment).
71.
There are many other less violent ways to coerce or to lead the child to a confession
or self-incriminatory testimony which are also to be avoided. 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.
72.
The child being questioned must have access to legal or other appropriate assistance,
and must be able to request and secure the presence of his/her parent(s) during questioning.
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.
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