A/HRC/28/68
consider any of the special measures of protection or safeguards that international law
requires for children. Children should never be treated as if they were adults. Because
children are less emotionally and psychologically developed, they are less culpable for
their actions and their sentencing should reflect the principle of rehabilitation and
reintegration.
74.
In this context, the Special Rapporteur recalls that the death penalty for
children amounts to a violation of the prohibition of torture and other ill-treatment.
Other punishments considered grossly disproportionate also amount to cruel,
inhuman or degrading treatment or punishment. Life imprisonment and lengthy
sentences, such as consecutive sentencing, are grossly disproportionate and therefore
cruel, inhuman or degrading when imposed on a child. Life sentences or sentences of
an extreme length have a disproportionate impact on children and cause physical and
psychological harm that amounts to cruel, inhuman or degrading punishment.
Similarly, the Special Rapporteur finds that mandatory sentences for children are
similarly incompatible with the State’s obligation regarding children in conflict with
the law and the prohibition of cruel, inhuman or degrading punishment. Mandatory
minimum sentences may result in disproportionate punishments that are often overly
retributive in relation to the crimes committed, particularly in relation to the child’s
individual circumstances and the opportunity for rehabilitation. In the light of the
unique vulnerability of children, including the risk of torture or ill-treatment in
detention and States’ obligation of due diligence to afford children heightened
measures of protection against torture and other forms of ill-treatment, children must
be subject to sentences that promote rehabilitation and re-entry into society.
75.
The Special Rapporteur believe that there should be a formal obligation to
notify a relative or another adult trusted by the child about his or her detention
regardless of whether the child has so requested, except if this would not be in the best
interests of the child. Parents or adults trusted by the child should furthermore be
allowed to be present with the child during interrogation and any court appearances.
An essential issue is the manner in which children are questioned. Interrogation
should be age-sensitive and individualized, and undertaken by authorities that are
skilled in interviewing children. Video recording should be given due consideration in
certain circumstances, to avoid causing distress to children because of repeated
questioning, and numerous visits to courts. Children should also have immediate
access to a lawyer and a health professional. A specific information sheet setting out
the above-mentioned safeguards should be given to all children taken into custody
immediately upon their arrival at a law enforcement establishment, and this
information should be verbally explained to children in terms that they understand.
76.
Children should be appropriately separated in detention, including but not
limited to children in need of care and those in conflict with the law, children awaiting
trial and convicted children, boys and girls, younger children and older children, and
children with physical and mental disabilities and those without. Children detained
under criminal legislation should never be detained together with adult detainees. The
Special Rapporteur also notes that the permitted exception to the separation of
children from adults provided for in article 37 (c) of the Convention on the Rights of
the Child should be interpreted sensu stricto. The best interests of the child should not
be defined in accordance to the convenience of the State. Children in conflict with the
law should be held in detention centres specifically designed for persons under the age
of 18 years, offering a non-prison-like environment and regimes tailored to their needs
and run by specialized staff, trained in dealing with children. Such facilities should
offer ready access to natural light and adequate ventilation, access to sanitary
facilities that are hygienic and respect privacy and, in principle, accommodation in
individual bedrooms. Large dormitories should be avoided.
16
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