child’s rehabilitation.347 With respect to any child
who may be prosecuted for crimes committed
while part of an armed group, during the course
of any trial, consideration should be given to the
coercive environment under which the child was
living or forced to act. Individuals must never be
subject to the death penalty or life imprisonment
without parole for acts they may have committed
while a child.348 Juvenile justice systems should
prevent further exposure to violence.
174.
Being charged with terrorism-related offences or offences against national security shall
not constitute cause to rebut the conclusive presumption that a child below the minimum age of
criminal responsibility, as defined by domestic
legal systems, cannot commit a criminal offence.
Equally, it shall not constitute cause to prosecute
and try a child—or a person who was below 18
at the time of the alleged offence—as an adult.
Domestic legislation shall not define different
(lower) ages of criminal responsibility solely for
terrorism related offences or for offences against
national security.
Procedural safeguards
175.
If children over the minimum age of criminality are tried, hearings and trials must be before independent and impartial judicial bodies.
They must be afforded all due process guarantees
under international standards, including nonretroactive juvenile justice, presumption of innocence, right to counsel, right to be heard, right to
effective participation in the proceeding, includ-
ing through interpreters, and prompt and direct
information of the charges.349
176.
Regardless of the type of alleged crime
committed by a child, States should also apply
the United Nations Standard Minimum Rules for
the Administration of Juvenile Justice (Beijing
Rules), which provide basic procedural safeguards
for children, many of which are restated in the
Convention on the Rights of the Child.350
The Beijing Rules state that the juvenile
justice
system
shall
emphasize:
•
•
•
•
•
the
well-being
of
the
child,
and
ensure proportional responses to offenders351;
the presumption of innocence as well as rights
to notification charges, to counsel and
representation, to presence of guardian/
parent, to confront witnesses, and to appeal352;
judgement without delay, with contemplation
of release from detention353;
contemplation of diversion at any decisionmaking point354 with community-based diversion recommended355;
detention for as short a time period as is possible, as a last resort, and placement to alternatives to detention when
349 International Covenant on Civil and Political Rights
(1966), art. 14; Convention on the Rights of the Child (1989),
art. 40.
350 The Beijing Rules (1985). Standards for children in contact with the law also are enshrined in the Convention of the
Rights of the Child (1989), International Covenant on Civil
and Political Rights (1966), and General Assembly resolution
70/175 (2015), the United Nations Standard Minimum Rules
for the Treatment of Prisoners (the Nelson Mandela Rules).
347 Convention on the Rights of the Child (1989), arts. 37,
40; Committee on the Rights of the Child, general comment
No. 24 (2019), para. 75.
351 The Beijing Rules (1985), rule 5(1).
348 International Covenant on Civil and Political Rights
(1966), art. 6, para. 5; Convention on the Rights of the Child
(1989), art. 37, para (a); Committee on the Rights of the Child,
general comment No. 24 (2019), para. 75.
353 Ibid., rule 10(2).
352 Ibid., rule 7(1); 15(1).
354 Ibid., rule 11(2).
355 Ibid., rule 11(3).
79.
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