in conflict with the law. Aspects of this issue were also addressed in the Thematic Report
"Assessment of observance of the children’s rights in state custody in connection with the
prosecution or execution of the sentence."186. The analysis of the questionnaires completed by the
children who had a connection with the criminal investigation and the judicial system highlighted
the following issues:
Children are often questioned by prosecuting officers without the participation of an
lawyer, teacher or parent;
Children mention that in most cases they get to know their lawyers in the courtroom;
Often state-guaranteed lawyers appear at court hearings unprepared, taking note of the
case materials in the corridors of the courts;
Magistrates, lawyers and prosecuting officers always use language that is far too
sophisticated for the child's perception, so he or she cannot understand and assimilate the
necessary information.
The People's Advocate for Children’s Rights emphasizes that the UN Convention on the
Rights of the Child requires the State, through the provisions of Article 40, to take all necessary
measures to provide adequate protection for children who are referred to the national justice system.
The Children's Ombudsman points out that in accordance with Article 40, par. (2) of the CRC, there
is an important list of rights and guarantees that are all meant to ensure that every child who is
accused of violating criminal law will receive fair treatment and trial.
Most of these guarantees are also found in Article 14 of the International Covenant on Civil
and Political Rights, which the Human Rights Committee has developed and commented on in its
General Comment no. 13 (1984)187. The implementation of these guarantees has some specific
aspects for children that are imperative for the State. In this context, the Children's Ombudsman
emphasizes that an essential condition for the correct and effective implementation of these rights
or guarantees is the quality and capacity of those involved in the administration of juvenile justice.
The training of professionals, such as police officers, prosecutors, judges, probation officers, social
workers and others, is crucial and should be organized in a systematic and continuous manner.
These professionals should be well informed about the child, especially about the physical,
psychological, mental and social development of the child / adolescent, as well as the special needs
186
http://ombudsman.md/wp-content/uploads/2019/12/RAPORTCOPIIDET2019red-%E2%80%94%D0%BA%D0%BE%D0%BF%D0%B8%D1%8F.pdf
187
https://www.ohchr.org/EN/HRBodies/CRC/Pages/CRCIntro.aspx
111
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