A/62/221 punishment, even for relatively minor crimes, and do not provide for alternative, often more effective measures such as verbal sanctions, including admonition, reprimand and warning, conditional discharge, fines, restitution or compensation to the victim, suspended or deferred sentence, probation, community service, or house arrest. 11 59. The need for comprehensive reform of the criminal justice system in order to offer a wide range of measures avoiding the deprivation of liberty is therefore a common conclusion arrived at in the Special Rapporteur’s country reports. In his opinion, avoiding depriving a person of his/her liberty is one of the most effective safeguards against torture and ill-treatment. 60. Criminal justice reform should therefore seek to avoid the deprivation of liberty at all stages. It is crucial that minor cases, which otherwise use up many of the resources needed to process cases of grave crime, are dealt with outside the criminal law system. In this context decriminalization and diversion can significantly contribute to relieving the criminal justice system. Moreover, with regard to those cases that need to be dealt with under criminal law, measures not involving detention at the pretrial stage and non-custodial sentences after trial should be used as much as possible. In order for such a reform of the criminal law system to be effective, each institution involved needs to make its contribution, including the police, the judiciary, the legal profession, the prosecution services and the penitentiary system. To reform all these stages is a complex undertaking that should be guided by applicable international standards and norms. 61. The Special Rapporteur and his predecessors have consistently found that minors constitute one of the most vulnerable groups of detainees. 12 In many instances the authorities fail to separate them from the adult prison population, which puts them in danger of abuse, including sexual abuse. Also, corporal punishment of minors in detention situations remains a problem in many countries. At the same time, detained minors often come from poor and disadvantaged backgrounds and therefore their access to essential safeguards against torture or ill-treatment, such as the presence of their parents or access to legal aid, is restricted. 13 62. The Special Rapporteur therefore considers that the avoidance of deprivation of liberty of minors is crucial in preventing torture and ill-treatment. He emphasizes, in accordance with the Convention on the Rights of the Child and other applicable international standards, that the deprivation of liberty of children should be used only as a last resort and for the shortest appropriate period of time 14 and draws __________________ 11 12 13 14 07-45686 See also: United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules), adopted by the General Assembly in resolution 45/110 of 14 December 1990. See also A/55/290, paras. 10-15; E/CN.4/1996/35, paras. 9-17. In spite of the detailed guarantees contained in articles 37 and 40 of the Convention on the Rights of the Child. Article 37 (b) of the Convention on the Rights of the Child states: “... 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”. See also the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The Beijing Rules”), General Assembly resolution 40/33 of 29 November 1985; the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, General Assembly resolution 45/133 of 14 December 1990; and the Guidelines for Action on Children in the Criminal Justice System, Economic and Social Council resolution 1997/30 of 21 July 1997. 13