CHILD SPECIFIC INDICATORS OF VISIT CRC 3 (1), 37 (b) | RAJJ 14, 17.1 (c), 18, 19.1 | BOP 2 | GPJD 46 | RPJDL 1, 2, 17, 20, 21 | RNCM 2, 6, 8 | CRC - GC n°10 §1, 11, 23, 28, 70, 79-80 | RTWP 57, 59, 64 | SMR 7 | ECHR 5 | EPR 11.1-2, 14 | ERJO 5, 10 | GCFJ: IV.A.6.19, IV.A.6.74 | CPT/Inf (2009)27, IV, 97 | CPT/Inf (2015)1, V, 96 | ECtHR Mubilanzila Mayeka et Kaniki Mitunga v. Belgium (No 13178/03 3); Muskhadzhiyeva and Others v. Belgium (No 41442/07); Rahimi v. Greece (No 8687/08); Popov v. France (No 39472/07 and 39474/07); Mahmundi and others v. Greece (No 14902/10) B. ACCESS TO A LAWYER / PERSON OF TRUST Do children have access to a lawyer / legal advisor / legal assistance and do they have effective, confidential and free access to them? ASK: Director | Staff | Children | Lawyer | Parents | Guardians OBSERVE: ʺʺ Room(s) where meetings take place, see whether the principles of privacy, confidentiality are respected; see if it is equipped with video surveillance (CCTV) and if the meetings take place in the presence of a third person (guards, educators, other) ʺʺ Telephone, see whether it is located in a place where privacy and confidentiality of conversations are respected (distance from staff office, etc.) CHECK: ʺʺ Assistance by a lawyer, see whether the child has been effectively assisted by a lawyer before, during and after the procedure as well as during the deprivation of liberty (i.e. at the time of arrest, during the hearing by the police, in front of the judge, at court, during the period of deprivation of liberty); see whether there is a named lawyer / legal assistant referenced in the individual file of the child; see whether the visitors records refer to visits of legal advisors/lawyers (dates, duration, frequency); see the phone calls records of the child to his/her legal assistant / lawyer and his/her correspondence records ʺʺ Access to legal assistance, see whether and how the access to legal assistance is regulated in the internal rules, in particular see if the child can contact his/her lawyer/legal assistant at will, if there are some restrictions, under which conditions (privacy, confidentiality, schedules, under video surveillance, with the presence of a third person, etc.), see the distance from the facility and the court and/or the lawyer’s office ʺʺ Legal aid system free of charge for the child and his/her family, see whether it is legally organised, effectively implemented, easily accessible and qualified ʺʺ Quality of the legal assistance, see whether the child is satisfied by the intervention of his/ her lawyer or legal advisor; whether s/he understands what has been said, done, decided; whether the lawyer/legal assistant is specialised in children’s rights and is familiar with the different context of deprivation of liberty of children (juvenile justice, mental health institutions, administrative detention, etc.) 95 5