CRC/C/GC/24
imprisonment for offences committed by persons who were under the age of 18 at the time
of commission of the offence.
Monitoring the execution of measures, including placements
93.
Specialized services such as probation, counselling or supervision should be
established together with specialized facilities including for example non-residential
community centres. Where necessary, facilities for residential care and treatment of child
offenders may be established. Effective coordination, monitoring and quality control of the
activities of all these specialized units, services and facilities should be promoted in an
ongoing manner. Monitoring and evaluation of all measures must be included. In particular
in case of placement or of detention, States parties have to plan the conditions of
implementation, in accordance with paragraphs xx-xx above.
94.
In addition, States parties have to conduct regular evaluations of their practice of
juvenile justice, in particular of the effectiveness of, and compliance with, the measures
taken, including those concerning discrimination, reintegration and recidivism, preferably
carried out by independent academic institutions. Research, as for example on the disparities
in the administration of juvenile justice which may amount to discrimination, and
developments in the field of juvenile justice, such as effective diversion programmes or
newly emerging juvenile justice strategies, will indicate critical points of success and
concern.
F.
Deprivation of liberty, including pre-trial detention and post-trial
incarceration
95.
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
96.
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.
97.
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 wide range of diversion options to avoid criminal justice proceedings
should be available (see sections B and D 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 non-custodial measures must be carefully structured to reduce the use of
pre-trial detention as well. In addition, even when children are to be tried in the juvenile
justice system the States parties should take adequate legislative and other measures to reduce
the use of pre-trial detention.
98.
Use of pre-trial 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 pre-trial 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 pre-trial detention should be limited by law and be subject to regular review.
99.
In application of the principle of the shortest period of time, States parties should
provide regular opportunities in their specialized juvenile justice system to permit early
release from custody, including police custody, into the care of parents or other suitable
adults. There should be a discretion to release with or without conditions, such as reporting
to a police station or probation officer, and the payment of monetary bail should generally
not be a requirement. Decisions regarding pre-trial detention, including its duration, should
be accorded urgency and should be made as soon as possible by a competent, independent
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