DEFENCE FOR CHILDREN INTERNATIONAL (DCI) - Belgium | Practical Guide
Specific group: Foreign nationals children
CHECK:
ʺʺ Specific information and access to lawyer / legal assistance and to interpretation, translation of
official documents, existence of information (including internal rules, complaint mechanisms
Guidelines, etc.) in a language of the child understanding
CRC 37.d, 40.2.b.ii | RAJJ 7.1, 15 | BOP 11, 17-18 | GPJD 7.1, 15.1 | RPJDL 18.a, 24, 60-61, 78 | CRC - GC No 10 §49, 52, 81,
82, 92 | SMR 120 | ECHR 6 | EPR 23.1-6, 37.4, 98 | ERJO 105.4, 120.1-120.3 | GCFJ IV.C.28, 30, IV.D.2.37, 39, 41, IV.E.75,
77, V.d, f, §8, 46, 67, 101, 103, 104 | CPT/Inf (2009)27, IV, 97 | CPT/Inf (2015)1, V, 98 | ECtHR Dushka v. Ukraine
(No 29175/04); Salduz v. Turkey [GC] (No 36391/02); Soykan v. Turkey (No 47368/99); Panovits v. Cyprus (No 4268/04);
Adamkiewic v. Poland (No 54729/00)
C. (POLICE) CUSTODY, PREVENTIVE DEPRIVATION OF LIBERTY,
REMAND, ETC.
Is the deprivation of liberty of children in custody, on remand (before
being tried) limited to exceptional circumstances for the shortest
possible duration and is it respectful of the presumption of innocence and of
the dignity and personal integrity?
ASK: Director | Staff | Children
OBSERVE:
ʺʺ The room where the child is held, see its size, the equipment and material conditions
ʺʺ The overall environment of the facility, see whether there are only children or children and
adults, if there boys and girls, younger and older children, on remand and convicted, etc.
CHECK:
ʺʺ Individual file, see the duration of the child stay, medical record
ʺʺ Duration, see whether the duration is prolonged beyond 24 hours
ʺʺ Location, see whether the facilities are adapted to children; whether children are separated
from adults and from convicted children
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