As part of CRIN’s inhuman sentencing campaign, we monitor life imprisonment of children around the world and track relevant legal reform. This page includes country profiles for Africa detailing the legality of life imprisonment in each country, how life imprisonment is defined nationally and, where the information is available, how many children are serving life imprisonment.
Please contact us at [email protected] if you are aware of any inaccuracies in this information of legal reforms underway to amend relevant legislation in any State.
Algeria
Life imprisonment
Life imprisonment is not a lawful sentence for offences committed while under the age of 18.
Meaning of life imprisonment
When passing a sentence in excess of 10 years, the court can pass a “safety period” during which the sentenced person cannot benefit from conditional release. This period cannot exceed 20 years where the sentence is life imprisonment.1
Minimum age of criminal responsibility
Children under the age of 13 can only be sentenced to protection and education measures.2 However, the measures applicable to children under the age of 13 include those that amount to deprivation of liberty for children as young as 8 in re-education centres administered by the Ministry of Justice.3
Maximum sentences
Where a child older than 13 but younger than 18 is convicted of an offence carrying the death penalty or life imprisonment, he or she must be sentenced to between 10 and 20 years' imprisonment.4 The Committee on the Rights of the Child has criticised Algeria for these lengthy sentences for child offenders in its most recent two sets of Concluding Observations.5
Number of children serving life imprisonment
Life imprisonment is not a lawful sentence for offences committed while under the age of 18.
Angola
Note: the Portuguese Penal Code of 1886 and the new Angolan Penal Code are both being applied across Angola in certain situations. This report is largely based on the new Penal Code, though it should be noted that the Supreme Court has made use of the older Code in ruling on maximum sentences.
Life imprisonment
Life imprisonment is not a lawful penalty for any offence regardless of age. The Constitution of Angola provides that “no sentence or security measure that deprives or restricts freedom shall be perpetual in nature or of an unlimited or undefined duration”.6 No one can be incarcerated for more than 30 years regardless of age.7
Minimum age of criminal responsibility
No person can be held criminally responsible for an offence allegedly committed while under the age of 14.8 The minimum age was lowered from 16 when the Penal Code 2006 came into force despite criticism from the UN Committee on the Rights of the Child.9
Maximum sentences
Children aged 16 to 18
The Portuguese Penal Code establishes that the maximum penalty for persons under 18 is eight years. The Supreme Court applied this limit as recently as 201410 However, a new Penal Code does not set a maximum period for detention of minors, considering that the maximum period of detention for an adult is 30 years, the limit would appear to be 15 years for persons aged 16 to 18.
Children under the age of 16
For children under the age of 16, the maximum sentence provided for in the Penal Code must be reduced by two-thirds.11 In any event, a child under the age of 16 cannot be sentenced to deprivation of liberty for more than three years.12
Children under the age of 14
If over 12, a child may be subject to community service and partial or total institutionalisation in a socio-education facility.13 If under 12, the child can be put in a foster home or placed under a new family, amongst other measures such as psychological accompaniment and mandatory attendance at classes, which can be also applied to adolescents (over 12) in conflict with the law.14
Number of children serving life imprisonment
Life imprisonment is not a lawful sentence for any offence regardless of age.
Benin
Life imprisonment
Life imprisonment is explicitly prohibited as a sentence for offences committed while under the age of 18.15
Meaning of life imprisonment
A person sentenced to life imprisonment must serve a “test period” of 30 years before being considered for conditional release.16 The minister of justice acting on the advice of a supervisory board is responsible for granting parole. Where a request for parole is rejected, another application may be made a year after the prisoner is notified of the rejection of their request.17 If a person serving a life sentence is granted conditional release from prison, he or she must be subject to assistance and control measures for between five and 10 years.18
Minimum age of criminal responsibility
No child under the age of 13 can be convicted of a criminal offence, though guardianship or education measures may be taken against younger children.19
Maximum sentences
Where a person under the age of 18 is convicted of an offence which carries the death penalty or life imprisonment for an adult, he or she must be sentenced to imprisonment for between 10 and 20 years.20
Number of children serving life imprisonment
Life imprisonment is not a lawful penalty for offences committed by persons under the age of 18.
Botswana
Life imprisonment
Detention during the president's pleasure is a lawful sentence for offences committed under the age of 18 and life imprisonment is not explicitly prohibited.
Meaning of life imprisonment
A person serving life imprisonment or detention during the president's pleasure becomes eligible for parole after serving a minimum of seven years' imprisonment.21 The parole board must consider whether a person eligible for parole should be released on parole every year and make a recommendation to the responsible minister.22 Where a person breaches any of the terms imposed on them as part of a parole order, the responsible minister may recall that person to prison.23
Minimum age of criminal responsibility
Children under the age of 14 are presumed incapable of committing a criminal offence unless it can be proved that at the time of committing the offence, “the child had capacity to know that he or she ought not to do so.”24 No one can be held criminally responsible for an act or omission carried out while under the age of 8.25 A person under the age of 12 is presumed incapable of having “carnal knowledge” which prevents the prosecution of younger children for certain sexual offences.26
Maximum sentences
Criminal sentencing for child offenders is organised through the interaction of the Children's Act and the Penal Code.
Life imprisonment
Children under the age of 14 cannot be sentenced to “imprisonment”27 but there is no explicit prohibition of life imprisonment for persons under the age of 18 at the time they committed an offence. The Children Act 2009 provides for children to be sentenced to imprisonment and that a child convicted of a capital offence other than murder shall be sentenced to “such [a] term as the court considers appropriate”.28
Life imprisonment is a lawful penalty for a number of offences, including inciting mutiny, piracy, hijacking, several offences related to rioting, rape, attempted rape, defilement of a person under 16 years of age, incest with a person under the age of 16, murder and aiding suicide.29
A sentence of life imprisonment can be handed down with or without corporal punishment for a number of offences, including rape attended with violence, defilement of a person under the age of 16, attempted rape, attempted murder by a person already sentenced to imprisonment for three years or more, disabling in order to commit an offence.30 A person under the age of 18 can be sentenced to up to six strokes when sentenced to corporal punishment.31 There is no prohibition on applying these measures to children.
Detention during the president's pleasure
The Penal Code prohibits the death penalty for any offence “if it appears to the court that at the time the offence was committed [the accused] was under the age of 18”. In lieu of the death penalty the court must sentence such a person to be detained during the president's pleasure.32
Number of children serving life imprisonment
No statistics could be located on the number of children serving life imprisonment or detention during the president's pleasure in Botswana.
Burkina Faso
Life imprisonment
Life imprisonment is a lawful sentence for offences committed while under the age of 18.
Meaning of life imprisonment
It is not clear how life imprisonment is defined in Burkinabé law or when a person serving such a sentence would become eligible for parole.
Minimum age of criminal responsibility
No person can be held criminally responsible if they were under the age of 13 at the time of the alleged criminal offence. A child older than 13 but younger than 18 cannot be subject to educational and safety measures if he or she acted without discernment.33
Maximum sentences
Life imprisonment and the death penalty
Children older than 16 can be tried as adults and could be sentenced to life imprisonment or the death penalty. The State has reported that in practice no child has been subject to either sentence.34
Number of children sentenced to life imprisonment
The State has reported to the UN Committee on the Rights of the Child that no child has been sentenced to life imprisonment,35 but CRIN has not been able to verify this information through another source.
Burundi
Life imprisonment
Life imprisonment is not a lawful penalty for offences committed while under the age of 18.
Meaning of life imprisonment
People serving life imprisonment can generally be conditionally released after serving a minimum of 10 years' imprisonment,36 though no one can benefit from conditional release if he or she has been convicted of genocide, crimes against humanity, war crimes, intentional homicide, sexual assault or torture and armed robbery.37
Minimum age of criminal responsibility
No one can be held criminally responsible for an offence committed while under the age of 15.38
Maximum sentences
Where a child older than 15 but younger than 18 would otherwise be liable for life imprisonment, he or she cannot be sentenced to more than 10 years' imprisonment.39
Number of children sentenced to life imprisonment
Life imprisonment is not a lawful sentence for offences committed while under the age of 18.
Cameroon
Life imprisonment
The limits set on the maximum prison terms for persons under 18 at the time an offence was committed exclude the possibility of life imprisonment for children.
Meaning of life imprisonment
The Criminal Procedure Code foresees release on parole after half a sentence has been served or after two-thirds has been served where the sentenced person is a repeat offender.40 It is not clear, however, how this would be applied in the case of a life sentence.
Minimum age of criminal responsibility
Children younger than 10 years old cannot be held criminally responsible.41 The relevant age is that at which the alleged offence was committed.42
Maximum sentences
Children older than 14 but younger than 18 benefit from a “mitigating excuse”.43 The Effect of this is to cap the maximum sentence of imprisonment at ten years for offences for which the death penalty or life imprisonment would be incurred.44
Number of children serving life imprisonment
Life imprisonment is not a lawful penalty for offences committed while under the age of 18.
Cabo Verde
Life imprisonment
Life imprisonment or imprisonment of unlimited or indefinite duration is explicitly prohibited by the Constitution of Cape Verde.45
Minimum age of criminal responsibility
Persons under the age of 16 cannot be held criminally responsible.46
Maximum sentences
Where a person aged under 18 is found guilty of an offence, the penalty may be reduced to one-third of the maximum penalty.47 The State has reported that persons under the age of 18 cannot be sentenced to imprisonment for more than eight years.48
Number of children sentenced to life imprisonment
Life imprisonment is not a lawful sentence for persons regardless of age.
Central African Republic
Life imprisonment
Life imprisonment is not a lawful sentence for offences committed while under the age of 18.
Meaning of life imprisonment
A person sentenced to hard labour for life can be conditionally released after serving 18 years' imprisonment.49
Minimum age of criminal responsibility
A child under the age of 14 can only be subject to reform measures set out by a law specifically for younger children.50
Maximum sentences
Where a child under the age of 18 has committed an offence, he or she must be referred to a Judge who has the power to impose the penalties provided by the Penal Code or to impose a lesser sentence.51 The Juvenile Court cannot sentence a child older than 15 but younger than 18 to more than half of the sentence applicable to an adult, and where the penalty is forced labour for life, the term cannot exceed 20 years hard labour.52
Number of children serving life imprisonment
Life imprisonment is not a lawful sentence for offences committed while under the age of 18.
Chad
Life imprisonment
Life imprisonment is not a lawful penalty for offences committed while under the age of 18.
Meaning of life imprisonment
A person sentenced to life imprisonment must serve a minimum period of 15 years' imprisonment before becoming eligible for parole.53 The Minister of Justice is empowered to order parole and set conditions upon release.54
Minimum age of criminal responsibility
Children under the age of 13 cannot be convicted of any criminal offence.55
Maximum sentences
Where a person aged 13 to 18 would be liable for the death penalty, he or she must instead be sentenced to imprisonment for 10 years.56
Number of children serving life imprisonment
Life imprisonment is not a lawful penalty for offences committed while under the age of 18.
Comoros
Life imprisonment
Life imprisonment is not a lawful sentence for any offence committed by a “minor”, but there is a lack of clarity in the definition of a minor.
Meaning of life imprisonment
It is not clear how life imprisonment is defined in national law. The law on parole provides that anyone sentenced to a temporary prison sentence may be considered for parole,57 which would appear to exclude life sentences from parole provisions. Under the Constitution, however, the President has the power to issue pardons.58
Minimum age of criminal responsibility
The minimum age of criminal responsibility in Comoros is complicated by the overlapping of the Penal Code and Sharia law. Under the Penal Code, no child under the age of 13 can be held criminally responsible, but under Sharia law, legal majority is achieved for boys when they reach physical maturity (14 to 15).59
Maximum sentences
Where a minor over the age of 13 is convicted of an offence which carries a sentence of death or life imprisonment, he or she must be sentenced to imprisonment of between 10 and 20 years.60 However, it is not clear how the term “minor” is defined in national law. Under Sharia law, legal majority is reached at 14 to 15 years, it is not clear whether the same maximum penalties would apply to Muslim children.
Number of children serving life imprisonment
No evidence could be found of a person being sentenced to life imprisonment for an offence committed while under the age of 18.
Congo, Republic of the
Life imprisonment
Life imprisonment is explicitly prohibited for children.61 For the purposes of this act, a child is defined as a person under the age of 18 who has not reached the age of majority under any “disposition speciale.”62
Meaning of life imprisonment
A person sentenced to life imprisonment must serve a test period of 15 years before being considered for parole, and may then be released if they can demonstrate sufficient proof of good conduct and serious social rehabilitation.63 Release on parole can be subject to conditions or measures of support to aid rehabilitation into the community.64 The decision to grant parole is within the power of the minister of justice acting on the advice of the minister of the interior.65
The parole period for a life sentence must run for minimum term of five years and a maximum term of 10 years and the conditions can be amended during the parole period.66
Minimum age of criminal responsibility
Children under the age of 13 are presumed to be incapable of infringing the criminal law.67
Maximum sentences
The Child Protection Code sets out a number of restrictions on the criminal liability and sentencing of children, including a prohibition on the death penalty, life imprisonment and a requirement that detention be a last resort and for the shortest possible time,68 but does not set an explicit cap on the maximum period of detention a child offender may serve. It is not clear what the maximum period of imprisonment would be for an offence committed while under the age of 18.
Number of children serving life imprisonment
Life imprisonment is not a lawful sentence for any offence committed by a child.
Congo, Democratic Republic of the
Life imprisonment
Life imprisonment is explicitly prohibited for offences committed by children.69 For the purposes of the relevant law, a child is defined as a person under the age of 18.70
Meaning of life imprisonment
A person serving life imprisonment must serve a minimum of five years' imprisonment before becoming eligible for conditional release. This period may be reduced, however, where prolonged incarceration could endanger the life of the person serving the sentence.71
Minimum age of criminal responsibility
Under the Law on the Protection of the child, children's courts cannot hold children criminally responsible for an offence committed while under the age of 14.72 During the States review before the UN Committee of the Rights of the Child, however, the Committee expressed concern that children under the age of 14 were being charged with criminal offences because of the State's failure to implement this legislation.73
Maximum sentences
Where a child offender has been convicted of an offence punishable by death or life imprisonment, he or she may be placed in custody for up to 10 years beyond his or her 18th birthday.74 For lesser offences carrying a sentence of more than five years' imprisonment, the court may order a child to be detained up until his or her 22nd birthday..75
However, in its 2009 report to the UN Committee on the Rights of the Child, the State reported a tendency for magistrates to deny children aged 16 to 18 the protection of specialised juvenile justice measures, effectively lowering the age of criminal majority to 16.76
Number of children serving life imprisonment
Life imprisonment is not a lawful sentence for any offence committed while under the age of 18, but the UN Committee on the Rights of the Child has raised concerns that the law on juvenile justice has not been effectively implemented, which leads to concern that children may face life imprisonment in practice. However, CRIN has not found evidence of an identifiable child offender being sentenced to life imprisonment.
Cote d'Ivoire
Life imprisonment
Life imprisonment is not a lawful sentence for offences committed while under the age of 18.
Meaning of life imprisonment
A person sentenced to life imprisonment must serve a test period before he or she becomes eligible for conditional release. For those sentenced to hard labour for life, this period is 15 years.77
Minimum age of criminal responsibility
Children under the age of 10 cannot be held criminally responsible.78
Maximum sentences
Children aged 16 to 18
Children aged 16 to 18 are subject to mitigation in sentencing, with the effect that they cannot be sentenced to more than 20 years' imprisonment where an offence carries the death penalty and 10 years' imprisonment where an offence carries life imprisonment.79
Children aged 10 to 13
Children aged 10 to 13 may be subject to measures of protection, assistance, monitoring and education.80
Number of children serving life imprisonment
Life imprisonment is not a lawful penalty for offences committed while under the age of 18.
Djibouti
Life imprisonment
Child offenders can be sentenced to no more than half of the sentence applicable to an adult, but it is not clear what this means in practice where the adult sentence would be life imprisonment.
Meaning of life imprisonment
A person sentenced to life imprisonment must serve a “test period” before he or she becomes eligible for conditional release. This period must be a minimum of 15 years.81
Minimum age of criminal responsibility
Children under the age of 13 can only be subject to “protective measures, support, supervision and education” for committing an offence. Children aged 13 or older are sentenced under the Penal Code.82
Maximum sentences
A child who is older than 13 but younger than 18 at the time of committing an offence cannot be sentenced to more than half of the penalty that would be applicable to an adult.83
However, the Penal Code does not explain how this rule would be applied where a child offender is sentenced for an offence for which an adult could be sentenced to life imprisonment.
Number of children serving life imprisonment
Legislation appears to prohibit life imprisonment for child offenders and no evidence could be found of a person serving life imprisonment for an offence committed while under the age of 18.
Egypt
Life imprisonment prohibited
Life imprisonment is explicitly prohibited as a penalty for offences committed while under the age of 18.84
Meaning of life imprisonment
The Penal Code allows for the remission of any sentence. When a life sentence is remitted to a lesser term, a person must be placed under police surveillance for five years.85 It is not clear if there is a minimum period of detention that must be served before a person serving a life sentence can be released from detention.
Minimum age of criminal responsibility
No child under the age of 12 can be held “criminally responsible” as defined in national legislation,86 but the Child Court is empowered to order children to be “reproached”; delivered to parents guardians or custodians; placed in a specialised hospital; or placed in a social care institution from the age of seven if the child has committed a felony or misdemeanour.87
Maximum sentences
Children aged 15 or older
A child aged 15 or older who commits an offence punishable by a death sentence or life imprisonment must be sentenced to imprisonment.88 Article 112 of the child Act provides that a child shall not be held in a jail for more than two years, but a child can be detained in a social care institution for up to 10 years.89
Children aged under 15
Under the Child Law, children under the age of 15 can be ordered to be placed in specialised hospitals of social care institutions as a sentence for a criminal offence.90 Detention under this act cannot be for more than 10 years for a crime or more than five years for a misdemeanour.91
Number of children serving life imprisonment
Life imprisonment is not a lawful sentence for any offence committed while under the age of 18.
Equatorial Guinea
Insufficient information was available on Equatorial Guinea to establish sentencing provisions for child offenders the legality of life imprisonment. The State has reported to the UN Committee on the Rights of the Child that the minimum age of criminal responsibility was 16 years,92 but CRIN has not been able to verify this information.
Eritrea
Life imprisonment
Life imprisonment appears to be a lawful sentence for offences committed while under the age of 18.
Meaning of life imprisonment
A person serving a life sentence becomes eligible for conditional release after serving a minimum of 20 years' imprisonment, provided that his or her conduct “has been satisfactory and other conditions laid down by law have been fulfilled”.93
Minimum age of criminal responsibility
Children under the age of 12 cannot be held criminally responsible for their actions.94
Maximum sentences
Children aged 16 to 18
Children aged 16 to 18 are not subject to the specific provisions for young persons, who are sentenced as adults. The death penalty is explicitly prohibited as a sentence for an offence committed while under the age of 18,95 but there is no such limitation on life sentences.
Where the law requires the court to mitigate a penalty, the court must apply “rigorous imprisonment from 20 years to life” instead of the death penalty.96 The Penal Code is not explicit on this issue, but it would appear that this could apply to child offenders aged 16 to 18.
“Young offenders” (nine to 15)
The Transitional Penal Code sets out penalties for young persons, defined as nine to 15. Where a “young offender” commits a serious offence punishable with “rigorous imprisonment” of ten years or more or with death, the Court can order detention in a corrective institution97 or in a penitentiary.98 In these circumstances, the court can sentence a young offender to detention for between three and 10 years.99
Number of children serving life imprisonment
CRIN has been unable to locate figures on the number of child offenders in detention or those serving life imprisonment. In reporting to the UN Committee on the Rights of the Child ahead of the State's 2015 review, Eritrea reported that around 200 children were held in pre-trial detention during the reporting period and “others were serving sentences”.100
Ethiopia
Life imprisonment
Life imprisonment is a lawful penalty for a number of offences committed by children over the age of 15.
Meaning of life imprisonment
A person serving a life sentence can be released after serving 20 years' imprisonment.
The court can order release on the recommendation of the management of the institution or on the petition of the criminal if: the offender has given tangible proof of his improvement; has repaired, as far as is reasonably possible, the damage caused; and the character and behaviour of the offender warrant the assumption of good conduct when released.101 Conditional release cannot be granted to persistent recidivists.102
Minimum age of criminal responsibility
No person under the age of nine can be held criminally responsible.103
Maximum sentences
Children aged 15 to 18 – life imprisonment
Children older than 15 but younger than 18 are tried under the ordinary provisions of the Penal Code.104 The death penalty is explicitly prohibited for offences committed while under the age of 18,105 but life imprisonment remains a lawful penalty for child offenders.
Life imprisonment is a penalty for a number of offences, namely collaboration with the enemy, espionage, insubordination, misuse or waste of material in a time of war, demoralisation of defence forces, capitulation, abandonment of a wounded or killed member of the defence forces, suppression of public or military documents, various crimes against the security of communications leading to loss of life, injury or impairment of health, aggravated homicide, sexual outrages committed on infants, homosexual or indecent acts performed on minors causing grave physical or mental injury. 106
Children aged nine to 15
Children older than nine but younger than 15 can be sentenced to less severe penalties than older children.107 The maximum term of imprisonment for such children is ten years where the adult penalty would be rigorous imprisonment for more than 10 years or the death penalty.108 Detention takes place in a corrective institution or in a penitentiary detention institution if the child “is incorrigible and is likely to be a cause of trouble, insecurity or corruption to others”.109
Other penalties that can be applied to children in this age group are set out under Articles 157 to 168 of the Penal Code.
Number of children serving life imprisonment
During the 2006 review of the State by the UN Committee on the Rights of the Child, Ethiopia's representative reported that “although there were similarities between punishment for adults and punishment for children between the ages of 15 and 18, the death penalty was not imposed on children”. Chair of the Committee, Jean Zermatten, noted during the session that life imprisonment was still a lawful sentence for child offenders aged 15 or older, but the State did not provide further information on whether children were so sentenced.110
Gabon
Life imprisonment
Life imprisonment appears to be a lawful sentence for a large number of offences committed while under the age of 18.
Meaning of life imprisonment
It is not clear how life imprisonment is defined in Gabon's criminal justice system or how long a person must serve in detention before being granted parole.
Minimum age of criminal responsibility
Children can be held criminally responsible from the age of 13.111
Maximum sentences
A child aged older than 13 but younger than 18 who has “acted with discernment” can be sentenced to less severe penalties than an adult, including penalties less than the minimum penalty for an adult.112 However, with the exception of the prohibition on the death penalty for persons under the age of 18,113 there is no express limit on the period to which a child offender can be sentenced.
Life imprisonment is a lawful penalty for at least 19 offences under the Penal Code.114 A person who commits a second offence after committing an offence punishable by more than five years' imprisonment can also be sentenced to life for offences that would otherwise carry a lesser sentence.115 As the reduction in sentence for child offenders is not mandatory, it is possible that a person could be sentenced to life imprisonment for these offences for an offence committed while under the age of 18.
Where a child aged older than 13 but younger than 18 does not have discernment, he or she cannot be sentenced to a criminal penalty, but can be subject to “rehabilitative measures”.116
Number of children serving life imprisonment
CRIN has been unable to find statistical information on the number of children serving life imprisonment sentences in Gabon.
Gambia
Life imprisonment
It is not clear whether life imprisonment is lawful in Gambia. No explicit limit is set on the period to which child offenders can be sentenced in the Children's Court and treason is tried in the same courts as adults, though the death penalty is prohibited. Life imprisonment appears to be a lawful sentence for child offenders convicted of treason.
Meaning of life imprisonment
CRIN has not been able to identify how life imprisonment is defined in Gambian law or how parole provisions apply to such sentences.
Minimum age of criminal responsibility
The minimum age of criminal responsibility is 12.117
Maximum sentences
Children's Court
The Children's Court has jurisdiction to determine all criminal charges against a child, except treason and an offence in which a child is jointly charged with an adult.118
When a case is heard by the Children's Court, a child cannot be deprived of his or her liberty unless he or she has committed murder or a serious offence involving violence against another person or has persistently committed other serious offences. In either case, deprivation of liberty is only permitted where “there is no other appropriate response that will protect the public safety”.
Imprisonment and the death penalty are explicitly prohibited as sentences for child offenders, but if found guilty of murder, attempted murder, treason, robbery, manslaughter or wounding another person with intent to do grievous harm, the child may be detained “for such period as may be specified in the order”.119 There is no explicit limit to the period to which a child can be sentenced under this provision, the Act provides that “where [such an order is made] the child shall during that period, notwithstanding anything in the other provisions of this Act, be liable to be detained in such place and on such conditions as the court may direct and … whilst so detained shall be deemed to be in legal custody.” This provision strongly resembles those permitting detention during the pleasure of the courts or executive in Commonwealth jurisdictions, and may authorise indefinite detention.
Where a child is charged jointly with an adult, he or she can be tried in the High Court, but must be remitted to the Children's Court for sentencing.120
Sentencing for treason
The children's court does not have jurisdiction to try or sentence children accused of treason.121 It is not clear, however, what the maximum sentence would be for a child convicted of treason. The death penalty is a lawful sentence for an adult,122 but the Children's Act explicitly prohibits capital punishment for child offenders.123 Life imprisonment is also a lawful sentence for treason under the Criminal Code,124 so it is possible that children could be sentenced to life imprisonment for treason.
Number of children sentenced to life imprisonment
CRIN has been unable to locate any statistical information on the number of children sentenced to life imprisonment for an offence committed while under the age of 18.
Ghana
Life imprisonment
Life imprisonment is not a lawful sentence for offences committed while under the age of 18.
Meaning of life imprisonment
People serving life imprisonment are not eligible for remission for good conduct.125 The President on the advice of the Council of State has the discretion to exercise the prerogative of mercy. In effect, this means that the President can order a person serving life imprisonment to be pardoned, subject to a reduced sentence, or to remit the whole or part of the sentence.126
Minimum age of criminal responsibility
A child under the age of 12 years is considered incapable of committing a criminal offence.127
Maximum sentences
“Juvenile offenders” cannot be sentenced to imprisonment by a juvenile court or summary jurisdiction.128 For the purposes of the Juvenile Courts Act, a juvenile is defined as a person under the age of 18 who is in conflict with the law.129
The juvenile court usually hears cases related to persons under the age of 18, but another summary court can hear the case where:
- It is in the best interests of the child to do so for the purposes of a bail hearing;
- A charge is made jointly against an adult and a child;
- Where a child is charged with an offence that, if committed by an adult, would be punishable by death130
However; where a child offender appears before a jurisdiction other than the juvenile court, he or she must be remitted to the juvenile court for sentencing.
The juvenile court can order a a child to be detained in a correctional centre.131 For children under the age of 16, detention cannot exceed three months, for a person between the ages of 16 and 18 the sentence may not generally exceed six months and for a serious offence, the maximum period of detention may not exceed three years.132
The Juvenile Justice Act includes a list of “serious offences”, namely murder, rape defilement, indecent assault involving unlawful harm, robbery with aggravated circumstance, drug offences and offences related to firearms.133 For these offences three years is the maximum sentence of detention, though this initial period can be extended by up to a year after sentencing, but in any event cannot go beyond the sentenced person's 21st birthday.134
Number of children serving life imprisonment
Life imprisonment is not a lawful sentence for any offence committed while under the age of 18.
Guinea
Life imprisonment
Life imprisonment is not a lawful sentence for offences committed while under the age of 18.
Meaning of life imprisonment
People serving a sentence of life imprisonment (“la réclusion criminelle à perpétuité”) must serve a test period of 15 years before being considered for conditional release.135
Minimum age of criminal responsibility
Children under the age of 10 cannot be subject to criminal prosecution and children under the age of 13 may only be subject to protective measures, educative and supervision measures.136
A child between the ages of 13 and 16 can only be sentenced to imprisonment where he or she is judged to have acted with discernment.137
Maximum sentences
Children aged 16 to 18
Children aged 16 to 18 can be sentenced to imprisonment for between five and 10 years for an offence for which an adult could be sentenced to death or life imprisonment.138
Children aged 13 to 16
Children aged 13 to 16 can be sentenced to imprisonment for five to seven years where an adult would be liable to the death penalty or life imprisonment.139
Number of children serving life imprisonment
In its report to the UN Committee on the Rights of the Child, the State reported that no “juvenile offender” had been sentenced to life imprisonment.140 CRIN has not been able to verify this through another source.
Guinea-Bissau
Life imprisonment
Unlimited or indefinite detention is generally prohibited by the Constitution of Guinea-Bissau, though there is an exception where such detention is “justified by a danger based on a serious physical anomaly.”141 In addition, the Penal Code limits the maximum term of imprisonment at 25 years for an adult.142
Meaning of life imprisonment
The Penal Code provides that sentences of unlimited duration are prohibited.
Minimum age of criminal responsibility
The minimum age of criminal responsibility is 16.143 CRIN has not been able to locate information on whether children under this age can be subject to measures that amount to deprivation of liberty.
Maximum sentences
People between the ages of 16 and 20 are entitled to “special mitigation” when convicted of a criminal offence.144 Under the Penal Code, those entitled to special mitigation are entitled to a reduction in their sentence of one third.145 As the maximum sentence for an adult is 25 years, this would appear to cap the maximum sentence of imprisonment for a child offender at 16 years and 8 months.
Number of children serving life imprisonment
Life imprisonment is not a lawful sentence for any offence regardless of age.
Kenya
Life imprisonment
Life imprisonment is explicitly prohibited for persons under the age of 18,146 but detention at the president's pleasure is a lawful penalty for offences committed while under the age of 18.
Meaning of life imprisonment
A person serving detention during the president's pleasure can be detained indefinitely and are not entitled to remission under the Prisons Code.147 However, anyone serving life imprisonment or detention during the president's pleasure can be released under the president's prerogative of mercy. The Board of Review conducts the review of these sentences and provides advice to the president.148
Minimum age of criminal responsibility
No one under the age of eight can be held criminally responsible. A child over the age of eight but younger than 12 can only be held criminally responsible where he or she had the capacity to know that he ought not to do the act or make the omission at the time of the alleged offence.149 A male person under the age of 12 is presumed to be incapable of having carnal knowledge,150 a provision that prevents the prosecution of younger boys for certain sexual offences.
Maximum sentences
Detention at the president's pleasure
In prohibiting the death penalty for persons under the age of 18, the Kenyan Penal Code requires that any person under the age of 18 who would be eligible for the death penalty must instead be sentenced to detention at the president's pleasure.151
Number of children serving life imprisonment
Kenya has reported to the UN Committee on the Rights of the Child that as of 2010, 10,292 children were detained in institutions and that these children were detained for an average of three years.152 The State did not provide any information on detention during the president's pleasure or the number of children that were subject to that sentence. CRIN has not been able to access statistical information on the number of people serving detention during the president's pleasure for an offence committed while under the age of 18.
Lesotho
Life imprisonment
Life imprisonment is explicitly prohibited as a penalty for any offence committed while under the age of 18.153
Meaning of life imprisonment
CRIN has been unable to determine how life imprisonment is defined in Lesotho.
Minimum age of criminal responsibility
No child under the age of 10 can be prosecuted for a criminal offence. A child aged 10 to 14 can only be prosecuted where an inquiry magistrate is satisfied that “the child possesses the capacity to appreciate the difference between right and wrong and has the ability to act in accordance with that appreciation.” The onus is on the prosecution to prove beyond reasonable doubt that a child has this capacity.154
Maximum sentences
Children's Court
The Children's Protection and Welfare Act introduced a new system of sentencing for child offenders with explicit caps on sentencing. If sentenced by the Children's Court, a child over the age of 14 can be sentenced to imprisonment for up to three years.155
Transfer to adult courts
Where a child is transferred to a court other than the Children's Court, he or she may be subject to harsher penalties.
There are four situations in which a child can be transferred to adult jurisdiction:156
- Where a child is charged with murder, treason or sedition;
- Where the likely sentence would exceed the jurisdiction of the Children's Court;
- Where there are multiple charges and any court other than the Children's Court has jurisdiction in respect of one or more of those charges; or
- Where a child is jointly charged with an adult.
As life imprisonment and the death penalty are explicitly prohibited for persons who were under the age of 18 at the time of the relevant offence,157 20 years' imprisonment appears to be the maximum sentence applicable under the Penal Code for child offenders sentenced in adult courts.158
Number of children serving life imprisonment
Life imprisonment is not a lawful sentence for any offence committed while under the age of 18.
Liberia
Life imprisonment
Life imprisonment appears to be a lawful sentence for offences committed while under the age of 18 and reports have emerged of child offenders being sentenced to life imprisonment.
Meaning of life imprisonment
For certain offences a sentence of life imprisonment can exclude the possibility of parole. For example, armed robbery, terrorism or hijacking causing death carry sentences of death or imprisonment for life without the possibility of parole. Life imprisonment with the possibility of parole is also a lawful sentence, though at the extreme, the non-parole period can extend until the convicted person reaches 90 years of age.159
Minimum age of criminal responsibility
A “juvenile delinquent is a juvenile who has attained the age of seven but is younger than 18.160 A child under the age of seven is considered incapable of being “a delinquent”161 However, in national terminology, a person is not considered “criminally responsible” for his or her behaviour while under the age of 16.162 A “juvenile” is defined as any person under the age of 18.163
Maximum sentences
Children aged 16 or older
A child aged 16 or older who is charged with an offence punishable by death or life imprisonment or charged with a violation of the Vehicle and Traffic Law is not subject to special proceedings under the Juvenile Court Procedural Code.164 The death penalty is explicitly prohibited by the Children's Law,165 however there is no such prohibition on life imprisonment, which is a lawful penalty for murder, rape, or for another felony of the first degree.166
Imprisonment of a child is only permitted where “there would be no other way to correct the child”.167
The juvenile court
The Juvenile Court has exclusive jurisdiction over proceedings concerning a juvenile – a person under the age of 18 – within the geographic area covered by the court.168 Juvenile Courts are able to sentence “juvenile delinquents” between the ages of 12 and 18 years to the custody of a Youth Vocational Training Institution for an indefinite period, but for a maximum period of three years.169
However, a lack of juvenile courts across many parts of the country can result in children being tried using procedures other than those laid out by the Juvenile Court Procedural Law. As of February 2007, only Montserrado County had a juvenile court, and the Human Rights and Protection Section of the UN Mission in Liberia reported that children in conflict with the law were tried as adults and had been sentenced to life imprisonment.170
Number of children serving life imprisonment
The Human Rights and Protection Section of the UN Mission in Liberia reported in 2007 that on 26 March 2007, a 15-year-old boy was sentenced to life imprisonment by the Grand Gedeh County Circuit Court171
Libya
Life imprisonment
The State has reported that a child who commits an offence that carries the death penalty of life imprisonment would be sentenced to imprisonment of not less than five years, but CRIN has not been able to confirm this.172
Meaning of life imprisonment
A person serving life imprisonment may be granted conditional release if he or she has served a minimum of 20 years' imprisonment.173
Minimum age of criminal responsibility
Children can be held criminally responsible for all offences from the age of 14, though only if capable of discernment.174 A child aged over seven but younger than 14 cannot be held criminally responsible in the same way as an older child, but can be subject to “preventive measures” which include detention in a juvenile education and guidance centre.175
Maximum sentences
A person aged 14 to 18 at the time of committing an offence can be sentenced to a maximum of one third of the penalty applicable to an adult.176 It is not clear how this period would be calculated if the sentence applicable to an adult were life imprisonment.
Number of children serving life imprisonment
No evidence could be found of a person being sentenced to life imprisonment for an offence committed while under the age of 18.
Madagascar
Life imprisonment
Life imprisonment is prohibited in Madagascar for any offence committed while under the age of 18. The sentence was abolished for child offenders when Loi No. 2016-018 came into force in August 2016.
Meaning of life imprisonment
A person serving life imprisonment must serve a “test period” of at least 15 years before being considered for parole.177
Minimum age of criminal responsibility
Children under the age of 13 can only be subject to educational measures where they are in conflict with the law, including admonition, warning or being returned to the custody of a parent or guardian.178 Children aged 13 to 18 can be held criminally responsible and subjected to criminal penalties.179
Maximum sentences
Life imprisonment
Persons aged 13 to 18 must be sentenced to between 10 and 20 years’ imprisonment if convicted of an offence for which an adult would be liable for life imprisonment. For other offences, the penalty for child offenders cannot exceed half of what would be applicable for an adult.180
Number of children serving life imprisonment
CRIN has been unable to locate any statistical information on the number of people serving life sentences for an offence committed while under the age of 18.
Malawi
Life imprisonment
Detention during the president's pleasure is a lawful sentence for offences committed while under the age of 18.
Meaning of life imprisonment
The Constitution of Malawi explicitly prohibits life imprisonment without the possibility of release for children,182 though “child” is not defined under the Constitution. Detention during the president's pleasure is an indeterminate sentence which can last indefinitely. If enacted, the Prisons Bill 2003 would set the minimum non-parole period for life imprisonment of 12 years.
Minimum age of criminal responsibility
A child under the age of seven is not criminally responsible for any act or omission. A child older than seven but younger than 12 can only be held criminally responsible if it can be proved that at the time of the alleged offence he or she had capacity to know that he or she ought not to do the act or make the omission.183 A male person under the age of 12 is presumed to be incapable of having carnal knowledge,184 a provision that prevents the prosecution of younger boys for certain sexual offences.
Maximum sentences
Detention during the president's pleasure
In explicitly prohibiting the death penalty, the Penal Code requires that a child convicted of an offence for which the death penalty would otherwise be applicable must be sentenced to be detained during the president's pleasure. A person detained during the president's pleasure is liable to be detained under whatever conditions the president directs, but the sentencing judge must forward notes on the trial and may make recommendations on the sentence.185
Children under the age of 16
For the purposes of the Child Care, Protection and Justice Act, a child is defined as a person under the age of 16.
No child can be sentenced to imprisonment,186 but where a child is convicted of the most serious offences under Malawian law187 he or she must be ordered to be detained in a reformatory centre “for such period as may be specified in the order”. The president has the power to release a person detained under these provisions either unconditionally or under restrictions.188 There is no explicit limit to how long a child may be detained under these provisions.
Number of children serving life imprisonment
CRIN has not been able to locate any statistical information on the number of people detained at the president's pleasure for an offence committed while under the age of 18.
Mali
Life imprisonment
Life imprisonment is not a lawful sentence for offences committed while under the age of 18.
Meaning of life imprisonment
Prisoners who have proved that they are reformed can benefit from conditional release.189 It is not clear what the minimum period of detention a person sentenced to life imprisonment would have to serve before being considered for release.
Minimum age of criminal responsibility
Children under the age of 13 are conclusively presumed not to have the capacity to commit a criminal offence. A child aged 13 to 18 can only be held criminally responsible where he or she acted with discernment.190
Maximum sentences
Where a child between the ages of 13 and 18 has committed an offence that carries the death penalty or life imprisonment, he or she may be sentenced to imprisonment for between 10 and 20 years. If the offence is punishable by a lesser term of imprisonment, the child may be sentenced to imprisonment for up to half of the period that would be applicable to an adult.191
Number of children serving life imprisonment
Life imprisonment is not a lawful sentence for offences committed while under the age of 18.
Mauritania
Life imprisonment
Life imprisonment is not a lawful sentence for offences committed while under the age of 18.
Meaning of life imprisonment
People sentenced to life imprisonment must serve a “test period” of 15 years in detention before being considered for conditional release.192
Minimum age of criminal responsibility
No one can be held criminally responsible for an offence committed while under the age of seven.193
Maximum sentences
Imprisonment
Children aged 15 years or older can be sentenced to a maximum term of imprisonment for 12 years where the penalty for an adult would be life imprisonment.194
Death penalty
The Criminal Code explicitly prohibits the death penalty for children under the age of 16, but the death penalty remains a lawful sentence for older children.195
Number of children serving life imprisonment
Life imprisonment is not a lawful sentence for offences committed while under the age of 18.
Mauritius
Life imprisonment
There is no maximum term set on detention for offences committed while under the age of 18.
Meaning of life imprisonment
Where a person is sentenced to life imprisonment, the sentence may be, at the discretion of the court, for a term of not less than three years nor more than 60 years.196 On a plain reading of these provisions, they appear to permit life imprisonment without the possibility of release, though not if such sentences are mandatory. However, in 2008 the Privy Council ruled that the definition of life imprisonment as detention until death violated Section 10 of the Constitution of Mauritius.197
Minimum age of criminal responsibility
There is no clear or overt minimum age of criminal responsibility in Mauritius. The Criminal Code Act allows for children under 14 to be subject to criminal measures if they have “discernment” but no lower age limit is set. Children who do not have discernment can be subject to deprivation of liberty, but not criminal conviction.198
Maximum sentences
Children under the age of 18 – no maximum term for most serious offences
Where a person under the age of 18 (a “juvenile” under the Juvenile Offenders Act) is convicted of murder, attempted murder, manslaughter or wounds and blows causing death and the court is of the opinion that none of the other methods open to the court is suitable, the court may sentence him or her to be “detained for such a period as may be specified in the sentence”. When held under such a a sentence, the child may be detained “in such place and on such conditions as the president may direct.” The president can release a person serving such a sentence on licence and recall him or her to detention.199 There is not express limit on how long a person may serve under such a sentence and life imprisonment is a lawful sentence for a number of offences under the Criminal Code.200
Children under the age of 14
A person under the age of 14 who “acts without discernment” must be acquitted in any criminal case, but can be subject to detention in a reformatory and detained up to his or her 18th birthday.201
A person under the age of 14 who acts with discernment “can be condemned to imprisonment in a reformatory for such time as shall be determined by the judgment”.202
Number of children serving life imprisonment
CRIN has not been able to locate statistical information on the number of people serving sentences amounting to life imprisonment for an offence committed while under the age of 18.
Morocco
Life imprisonment
Life imprisonment is explicitly prohibited as a sentence for any offence committed while under the age of 18.203
Meaning of life imprisonment
Life imprisonment is not defined in Moroccan legislation.
Minimum age of criminal responsibility
A child under the age of 12 at the time of an alleged offence cannot be held criminally liable.204
Maximum sentences
A person aged 12 to 18 can be sentenced to between 10 and 15 years' imprisonment for an offence that would be punishable with death or life imprisonment for an adult.205
Number of children serving life imprisonment
Life imprisonment is not a lawful penalty for any offence committed while under the age of 18.
Mozambique
Note: as of the time of of writing a new Penal Code was under consideration in Mozambique, but at the time this report was finalised the Code had not been enacted.
Life imprisonment
Life imprisonment is not lawful for any offence in Mozambique, regardless of age. Article 61 of the Constitution prohibits penalties and security measures that deprive or restrict freedom in perpetuity or for an unlimited or indefinite period”.206
Minimum age of criminal responsibility
There is no clear minimum age of criminal responsibility in Mozambique. Children under the age of 16 are subject to the jurisdiction of the Juvenile Court,207 which is empowered to impose penalties amounting to deprivation of liberty.208
Maximum sentences
Children aged 16 to 18
Cannot be sentenced to more than eight years' imprisonment.209
Children aged under 16
Children under the age of 16 are sentenced under the Statute on Legal Aid to Minors and can be detained in educational institutions.210
Number of children serving life imprisonment
Life imprisonment is not a lawful sentence for any offence regardless of age.
Namibia
Note: at the time of writing, the Child Care and Protection Bill had not been enacted, but if this legislation entered into force, it would substantially reform the law with regards to the sentencing of child offenders.211
Life imprisonment
Life imprisonment is not expressly prohibited for offences committed while under the age of 18 and appears to remain lawful for child offenders.
Meaning of life imprisonment
The Criminal Procedure Code defines life imprisonment as “imprisonment for the rest of the natural life of the convicted person”212 and allows for “life imprisonment with or without the prospect of parole or probation or remission of sentence”.213
In the case of State v. Tcoieb, the Supreme Court of Namibia considered that a life imprisonment without the possibility of release would be unconstitutional, but noted that under the release provisions under the Prisons Act, no life sentence under Namibian law could prevent the possibility of release.214 In particular, the President can authorise the release of a person “serving any period of imprisonment” on probation or parole regardless of whether parole was foreseen at the time of sentencing.215
Minimum age of criminal responsibility
Children under the age of seven cannot be held criminally responsible. A child older than seven but younger than 14 can only be convicted of an offence if the State can prove that the child knowingly intended to do wrong and understood the consequences of the wrongful act.216
Maximum sentences
Life imprisonment
Child offenders must generally be sentenced under the Children Act, but a child older than 14 but younger than 18 may be sentenced to more severe sentences where the court is satisfied:
- the offence committed is of so serious a nature that the child's conduct and behaviour have been such that it would not be in his or her interest or in the interest of other children in a special school to place him or her there; and
- no other measure provided by the Children Act is suitable or sufficient
Where these criteria are met, the child may be sentenced to custody “in such a manner as [the Court] thinks fit”.217 Detention under this section cannot exceed the maximum penalty for the offence, but as life imprisonment is a lawful sentence for treason, murder, rape and robbery218 life imprisonment is not ruled out.
Number of children serving life imprisonment
CRIN has not been able to locate statistical information on the number of people serving life sentences for offences committed while under the age of 18.
Niger
Life imprisonment
Life imprisonment is not a lawful sentence for offences committed while under the age of 18.
Meaning of life imprisonment
People sentenced to life imprisonment must serve a test period of 15 years before being considered for conditional release.219
Minimum age of criminal responsibility
Children can be held criminally responsible from the age of 13, but can only be subject to protection, assistance or re-education measures where they lack discernment.220
Maximum sentences
Where a person under the age of 18 is found to have committed an offence which carries the death penalty or life imprisonment and has acted with discernment, he or she must be sentenced to imprisonment for between 10 and 30 years.221
Where a person under the age of 18 has not acted with discernment, he or she must be acquitted but can be subject to measures of protection, assistance or re-education.222
Number of children serving life imprisonment
Life imprisonment is not a lawful sentence for offences committed while under the age of 18.
Nigeria
The legal system in Nigeria is a mix of Islamic law, English common law and customary/native law. In the southern states, criminal laws dating from before Independence in 1960 remain in force; in the northern states, criminal laws enacted during the settlement of 1960 are still in force, together with Sharia laws enacted following the adoption of the 1999 Constitution. The Sharia laws in the north were passed by individual states, mostly based on those enacted in Zamfara. A Harmonised Sharia Penal Code and a Harmonised Sharia Criminal Procedure Code have been drafted but to date have not been widely adopted.223
In 2003, the National Assembly passed the federal Child Act 2003, but this is in force only in the Federal Capital Territory of Abuja and in states which have explicitly enacted it, a process in which it may also be modified. Child legislation in states which have not yet adopted the 2003 Act is based on the Children and Young Persons Law, enacted originally in 1943 and extended to the Northern Region in 1958.
In the Sharia northern states, the Sharia laws apply only to Muslims who are tried in Sharia courts (lower courts, upper courts, and Sharia courts of appeal). Non-Muslims are generally tried in Magistrates and High Courts under the common law system, though they may also voluntarily be tried under Sharia law. In Kaduna and in the south, non-Muslims may also be tried in customary courts.224
Life imprisonment
Life imprisonment and detention during the Governor's pleasure are lawful penalties for offences committed while under the age of 18.
Meaning of life imprisonment
The definition of life imprisonment in Nigeria is not clear. There is no parole system for adults, though the president has the discretion under the Constitution to issue pardons, substitute sentences or remit the whole or part of a sentence.225 State governors have the corresponding powers where the relevant offence occurred under the jurisdiction of a state.226 As persons aged 17 and older are treated as adults for some offences, the lack of a parole system for adults would appear to permit life imprisonment without the possibility of parole for child offenders.
Minimum age of criminal responsibility
The minimum age of criminal responsibility varies among Nigerian states. The federal Children’s Rights Act 2003 does not specify a minimum age of criminal responsibility, but it defines a child as under 18 and states that a child in conflict with the law must be dealt with under the Act.227 The Children and Young Persons Law defines a child as under 14 and a young person as aged 14-16.228 It sets the minimum age of criminal responsibility at seven but states that children below that age who have allegedly committed a crime must be brought before the Juvenile Court. It provides for special measures for persons under 16 in conflict with the law,229 but persons older than 16 are tried as adults.
In the southern states, the Criminal Code Act 1916 sets the minimum age of criminal responsibility at seven.230 The Criminal Procedure Act 1945 defines an infant as under seven, a child as under 14, a young person as aged 14-16, a juvenile offender as under 17 and an adult as aged 17 and over.231 In the northern states, the Penal Code 1960 specifies that seven is the minimum age of criminal responsibility232 and categorises juvenile offenders as those under 17. According to the Sharia laws, children are eligible for hadd (for which the prescribed punishment is mandatory) and qisas (punished by retaliation) punishments from the age of puberty.233
Maximum sentences
States which legislation derived from the Children's Rights Act 2003
Under the Children's Rights Act, no child can be ordered to be imprisoned, but where a child offender “is found to have attempted to commit treason, murder, robbery or manslaughter, or wounded another person with intent to do grievous harm” he or she may be ordered by the Court “to be detained for such period as may be specified in the order” and “in such place and on such conditions as the Court may direct”.
As noted above, in the southern state of Akwa-Ibom a child is defined in the Children’s Rights Act as aged 16 and under,234 indicating that children aged 17 are sentenced as adults, including to life imprisonment under the Criminal Code 1916 and the Criminal Procedure Act 1945. In northern Jigawa, the definition of a child in the Act is with reference to puberty,235 so that a Muslim child from the age of puberty may be sentenced to life imprisonment under the Sharia Penal Code 2000 and the Sharia Criminal Procedure Code Law 2001, and a non-Muslim from the age of 17 may be sentenced to life imprisonment under the Penal Code 1960 and the Criminal Procedure Code 1960.
States which have not adopted the Children's Rights Act
In prohibiting the death penalty for offenders under 17, article 12 of the Child and Young Persons Act states that “in lieu thereof the court shall order the offender to be detained during the president's pleasure.”236
In the southern states which have not enacted the Children’s Rights Act, child offenders may be sentenced to detention “during the president’s pleasure” under the Child and Young Persons Act (as above). There are similar provisions in the Criminal Code Act 1916237 and the Criminal Procedure Act.238 The Criminal Procedure Act 1945 states that no child (i.e. aged 7-13) shall be imprisoned239 and no young person (aged 14-16) shall be imprisoned “if he can be dealt with in any other way whether by probation, fine, corporal punishment or otherwise”.240 But the Code explicitly provides for imprisonment of persons aged 14 or older,241 and states that persons aged 9-13 must not be sentenced to imprisonment “unless the court is of opinion that the individual in questions is of so unruly a character that he cannot be detained in a convenient Government establishment or an institution or that he is of so depraved a character that he is not a fit person to be so detained”.242
Persons aged 17 and over are tried as adults and may be sentenced to life imprisonment for a number of crimes, including those relating to treason, rioting, perjury, escaping from custody, counterfeit, robbery, theft, shooting, rape, attempted murder, arson, railways and damage to property.243 Women aged 17 and over who are pregnant at the time of sentencing for a capital offence shall be sentenced to imprisonment for life.244 The Robbery and Firearms (Special Provisions) Act also provides for imprisonment for life.245
In the north, the Sharia states which have not enacted the Children’s Rights Act 2003 provide for life imprisonment of Muslim children from the age of puberty. Under the Sharia penal codes, sentences of hudud or qisas may be imposed on children from the age of puberty (see above): imprisonment for life is a punishment for robbery.246 The Harmonised Sharia Penal Code prohibits imprisonment for persons under 15.247
Non-Muslim persons in the northern states which have not adopted Sharia criminal laws may be sentenced to life imprisonment under the Penal Code 1960 and the Criminal Procedure Code 1960. The Penal Code 1960 prohibits imprisonment for persons under 15.248 Crimes punishable with imprisonment for life include rape, causing death or grievous hurt.249 The Criminal Procedure Code 1960 states that a person convicted of a capital offence committed under the age of 17 shall not be sentenced to death but shall be “detained during the Governor’s pleasure”.250 A pregnant woman convicted of a capital offence shall be sentenced to life imprisonment.251 The Robbery and Firearms (Special Provisions) Act also provides for imprisonment for life.252
Death penalty
The death penalty remains lawful in a number of Nigerian states. In 2010, there were 40 prisoners on death row for crimes committed as children, some as young as 13.253 The purpose of this report is to highlight life imprisonment affecting children, but more information on the death penalty is available in CRIN's report Nigeria: Inhuman sentencing of children.254
Number of children serving life imprisonment
CRIN has been unable to access statistics on children serving life imprisonment in Nigeria, though there is evidence of child offenders serving long indeterminate sentences in lieu of capital punishment which may amount to life imprisonment. In 1997, Patrick Okoroafor was sentenced to death by a Robbery and Firearms Tribunal. The sentence was ruled illegal in 2001 and Patrick was sentenced to be imprisoned during the pleasure of the governor of Imo State.255
Rwanda
Life imprisonment
Life imprisonment is explicitly prohibited for offences committed while under the age of 18.256
Meaning of life imprisonment
A person sentenced to life imprisonment may be considered for parole after serving a minimum of 10 years' imprisonment.257
Minimum age of criminal responsibility
Children can be subjected to criminal penalties from the age of 14.258
Maximum sentences
Where a person is convicted of an offence carrying the death penalty or life imprisonment committed while older than 14 but younger than 18, he or she must be sentenced to imprisonment for between 10 and 20 years.259
Number of children serving life imprisonment
Life imprisonment is not a lawful sentence for any offence committed while under the age of 18.
Sao Tome and Principe
Life imprisonment
Life imprisonment is explicitly prohibited regardless of age.260
Minimum age of criminal responsibility
Children under the age of 16 cannot be held criminally responsible.261
Maximum sentences
The Penal Code provides that penalties for persons aged under 16 and under 21 must be fixed by special legislation.262 CRIN has been unable to locate the relevant provisions to determine what the maximum penalty is for an offence committed while aged 16 to 21.
Number of children serving life imprisonment
Life imprisonment is not a lawful sentence for offences committed while under the age of 18.
Senegal
Life imprisonment
Life imprisonment is not a lawful sentence for any offence committed while under the age of 18.
Meaning of life imprisonment
A person serving life imprisonment must serve 15 years' imprisonment before becoming eligible for conditional release.263
Minimum age of criminal responsibility
There are no provisions permitting criminal penalties for children under the age of 13.264
Maximum sentences
A child aged 13 or older must be sentenced to between 10 and 20 years' imprisonment if convicted of an offence for which the penalty is death, or forced labour imprisonment.265
Number of children serving life imprisonment
Life imprisonment is not a lawful sentence for offences committed while under the age of 18.
Seychelles
Life imprisonment
Life imprisonment remains a lawful penalty for offences committed while under the age of 18.
Meaning of life imprisonment
The Superintendent is required to submit a report on the conditions of every person serving a term of imprisonment for life or imprisonment of more than three years every two years. The report must be forwarded to the president via the responsible Minister,266 and the president may exercise his powers or pardon, respite, commutation and remission under the Constitution.267
Minimum age of criminal responsibility
A person under the age of seven cannot be held criminally responsible for any act or omission. A Child older than seven but younger than 12 can only be held criminally responsible if he or she “had the capacity to know that [he or she] ought not to do the act or make the omission.”268 A male under the age of 12 is presumed to be incapable of having carnal knowledge,269 a provision that prevents the prosecution of younger boys for certain sexual offences.
The State reported to the UN Committee on the Rights of the Child that the minimum age of criminal responsibility is 12,270 but this provision remains in force, so it is possible for younger children to be subjected to criminal penalties.
Maximum sentences
Children over 14 - life imprisonment
The Children's Act sets out the penalties that may be applied to children – defined as persons under the age of 18.271 There are a number of penalties the court can apply to children that it would not be able to for adults, including absolute discharge, committal to the care of a relative and committal to a Juvenile Centre, but the Children Act does not exclude the possibility of “dealing with the case in any other manner in which it may be legally dealt with”.272 In effect, this provision permits the Juvenile Court to apply adult sentences to children.
Under the Penal Code, 23 offences carry a maximum sentence of life imprisonment.273 These offences are largely violent, including murder, manslaughter, treason and arson, though certain types of forgery are also punishable with a life sentence.
Children under 14
A child under the age of 14 cannot be sentenced to imprisonment.274
Number of children serving life imprisonment
CRIN has not been able to locate statistical information on the number of people sentenced to life imprisonment while under the age of 18.
Sierra Leone
Life imprisonment
Detention during Her Majesty's pleasure is a lawful sentence for offences committed while under the age of 18.
Meaning of life imprisonment
A person detained during Her Majesty's pleasure can be released on license by the Governor-General subject to whatever conditions he or she sets. The licence may be varied or revoked at the decision of the Governor-General. If revoked, the person subject to the sentence would be returned to a place of detention at the direction of the Governor-General.275
Minimum age of criminal responsibility
No child can be held criminally responsible for his or her actions while under the age of 14.276
Maximum sentences
Detention at Her Majesty's pleasure
A person under the age of 18 cannot be sentenced to death, but where he or she would otherwise be liable for the death penalty, must be sentenced to detention at Her Majesty's pleasure.277
Children under the age of 14 cannot be sentenced to imprisonment.278
Number of children serving life imprisonment
CRIN has not been able to locate statistics on the number of children sentenced to detention at Her Majesty's pleasure in Sierra Leone.
Somalia
Somalia's legal system is divided between that of Somaliland, which unilaterally declared its independence in 1991, and the rest of the country. This legal divide has a marked effect on sentencing provisions for child offenders, so the two regions are treated separately in this profile.
South / Central Somalia and Puntland
Life imprisonment
Life imprisonment is lawful as a penalty for offences committed while under the age of 18.
Meaning of life imprisonment
A person serving life imprisonment may be granted conditional release where he or she has served at least 25 years' imprisonment and has given continuous proof of good conduct.279
Minimum age of criminal responsibility
In South/Central Somalia and in Puntland, the Somali Penal Code 1962 sets the minimum age of criminal responsibility at 14 and provides for reduced punishments for persons aged 14 to 17, but it also authorises sending children under 14 to reformatories.280 The Juvenile Courts and Reformatories Law 1970 defines a child as under 14 and a young person as 14 to 17.281 It states that a juvenile court has exclusive jurisdiction to hear and determine cases relating to children and young people in relation to any offence except murder and repeals inconsistent laws.282 However, it is possible that this law has never been brought into force,283 and a new juvenile justice law is reportedly being drafted in Puntland.
Maximum penalties
Life imprisonment. Under the Somali Penal Code, a person aged 14 to 17 who is convicted of a capital offence can be sentenced to life imprisonment or imprisonment for 20 to 30 years. If the original penalty is life imprisonment, it is reduced to imprisonment for 20 to 24 years.284 The Code states that a child under 14 may not be sentenced to life imprisonment but in lieu should be committed to a reformatory for not less than three years.285 These provisions were repealed by the Juvenile Courts and Reformatories Law 1970, which states that no child under 14 should be sentenced to imprisonment and no young person aged 14 to 17 shall be sentenced to imprisonment unless the court considers that no other measure is suitable.286 However, this restriction would presumably not apply for the offence of murder, over which the juvenile court has no jurisdiction,287 and as already noted, it appears that the Juvenile Courts and Reformatories Law was never brought into force.
Life imprisonment is not a penalty under Islamic or customary law.
Death penalty. Under Islamic law, hadd offences (for which the punishment is mandatory) punishable with death include apostasy, murder, adultery and armed robbery. Persons typically become liable for such crimes from the age of puberty. It has been reported that crimes such as murder are typically dealt with under Sharia law in Somalia.288
According to customary law (Xeer) the victim’s family has the right to kill a family member of the alleged perpetrator.289 We have no information regarding the application of such law to children.
Number of children serving life imprisonment
CRIN has not been able to locate statistics on the number of people serving life imprisonment for an offence committed while under the age of 18.
Somaliland
Life imprisonment
Life imprisonment is not a lawful sentence for any offence committed while under the age of 18.
Meaning of life imprisonment
A person serving life imprisonment may be granted conditional release where he or she has served at least 25 years' imprisonment and has given continuous proof of good conduct.290
Minimum age of criminal responsibility
In Somaliland, the Juvenile Justice Law 2007 puts the age of criminal responsibility at 15 and harmonises the provisions of secular, Sharia and customary laws.291 However, the Law has not been fully implemented and much of the work of the lower courts in criminal justice matters, especially involving children, has until very recently been carried out by regional security committees.292 During the 1980s, sentences handed down by these committees included life imprisonment and the death penalty, though more recently they appear to have been less draconian.293 Claims that the committees are lawful under the Public Order Law 1963 are disputed, as is the extent to which that law is still in force.294
Maximum penalties
In Somaliland, the Juvenile Justice Law 2007 prohibits life imprisonment and imprisonment for longer than 15 years.295
Life imprisonment is not a penalty under Islamic or customary law.
Death penalty. Under Islamic law, hadd offences (for which the punishment is mandatory) punishable with death include apostasy, murder, adultery and armed robbery. Persons typically become liable for such crimes from the age of puberty. It has been reported that crimes such as murder are typically dealt with under Sharia law in Somalia.296
According to customary law (Xeer) the victim’s family has the right to kill a family member of the alleged perpetrator.297 We have no information regarding the application of such law to children.
Number of children serving life imprisonment
Life imprisonment is not a lawful sentence for any offence committed while under the age of 18.
South Africa
Life imprisonment
Life imprisonment is a lawful sentence for rape or murder committed while over the age of 16.
Meaning of life imprisonment
Under the Correctional Services Act, a person sentenced to life imprisonment remains in prison for the rest of his or her life,298 but parole may be granted after the sentenced person has served 25 years' imprisonment.299 In the case of Nikosi and others v. the State, the Supreme Court of Appeal elaborated on this rule, finding that a sentence exceeding the probable life span of a prisoner would amount to cruel, inhuman and degrading punishment.300
Life imprisonment without the possibility of parole is explicitly prohibited for offences committed while under the age of 18.301
Minimum age of criminal responsibility
A child who commits an offence while under the age of 10 is not considered to have criminal capacity and so cannot be prosecuted.302 A child who is older than 10 but younger than 14 is presumed to lack criminal capacity unless the State proves otherwise.303 In order to prove that a child has criminal capacity, the State must demonstrate beyond reasonable doubt that the child was able to appreciate the difference between right and wrong at the time of the commission of the alleged offence and to act in accordance with that appreciation.304
Maximum sentences
Children aged over 16 - life imprisonment
A child over the age of 16 at the time of committing murder or rape can be sentenced to life imprisonment, but the court must give it's reasons for passing such a sentence.305
Children over 14
A child older than 14 at the time of being sentenced may generally only be sentenced to imprisonment for offences specifically listed under Schedules 1, 2 or 3 of the Child Justice Act 2008.306 For these offences, a child could not be sentenced to imprisonment for more than 25 years.307
Children under 14
Children under the age of 14 cannot be sentenced to imprisonment.308
Number of children serving life imprisonment
Research carried out by the Centre for Child Law at the University of Pretoria found that 32 people were serving sentences of life imprisonment for offences committed while under the age of 18 in South Africa in 2006.309 CRIN has not been able to access more recent statistics on the number of child offenders serving life imprisonment.
South Sudan
Life imprisonment
Life imprisonment is explicitly prohibited for persons under the age of 18 but it is not clear whether the relevant age is at the time of the offence or the time of sentencing.310
Meaning of life imprisonment
A term of life imprisonment is defined as equivalent to a term of 20 years' imprisonment.311
Minimum age of criminal responsibility
A child under the age of 12 cannot be held criminally responsible.312 A child aged 12 to 14 is presumed to be able to be held criminally liable unless it can be proved beyond reasonable doubt that he or she lacked the capacity to form the intention necessary to commit the offence or, where negligence is an element of the offence, he or she lacked the capacity to behave in the way that a reasonable adult would have behaved in the circumstances.313
Maximum sentences
Life imprisonment?
The prohibition on life imprisonment for children is ambiguous, as it does not indicate whether the relevant age is at the time of the offence or the time of sentencing.314
Children under the age of 16 cannot be sentenced to imprisonment,315 however the court has the discretion to sentence a person aged 12 to 15 to be detained in a reformatory school or other establishment for between two and five years for a First or Second Class of any offence that cannot be tried summarily.316
Children aged 16 or over appear to be sentenced as adults, with the exception of the prohibitions on life imprisonment and the death penalty.317 A small number of offences are punishable with prison terms of 20 years.318 It is not clear how a person under 18 would be sentenced for an offence that carries life imprisonment if the prohibition on sentencing a child to life imprisonment were applied, but the next most severe sentence is imprisonment for 20 years.
Number of children serving life imprisonment
CRIN has been unable to obtain statistics on the number of children detained in South Sudan or whether any child offenders are serving life imprisonment.
Sudan
Life imprisonment
Sudanese law falls short of an absolute prohibition on life imprisonment for offences committed while under the age of 18.
Meaning of life imprisonment
Life imprisonment is defined as permitting imprisonment for 20 years.319
Minimum age of criminal responsibility
Generally, not child under the age of seven can be held criminally responsible. Children aged seven to 15 can be held criminally responsible if they have reached puberty.320 However, the Narcotic Drugs and Psychotropic Substances Act 1994 can be applied without a lower age limit.321
Maximum sentences
Life imprisonment?
There is a general prohibition on imprisonment for persons under the age of 18 in Sudanese law, though there is an exception with regards to armed robbery (hiraba).322 The penalty for armed robbery is life imprisonment, but only in the southern States.323 However, it is not clear whether the relevant age is at the time of sentencing or the time of the offence.
Death penalty
The death penalty remains legal for child offenders and children have been sentenced to death in the State.324
Number of children serving life imprisonment
CRIN has not been able to locate figures on life imprisonment of child offenders in Sudan.
Swaziland
Life imprisonment
Detention at Her Majesty's pleasure is a lawful sentence for offences committed while under the age of 18.
Meaning of life imprisonment
A sentence of life imprisonment cannot be less than 25 years,325 but the King can exercise the prerogative of mercy to remit or commute a sentence of imprisonment.326
Minimum age of criminal responsibility
The minimum age of criminal responsibility is seven. A child aged 7 to 14 can only be held criminally responsible if he or she “knew the difference between right and wrong, knowingly intended to do wrong and understood the consequences of the act.”327
Maximum sentences
Where a person under the age of 18 would otherwise be liable for the death penalty, the court must sentence him or her to be detained at Her Majesty's pleasure.328
There is no explicit prohibition on other forms of life imprisonment for child offenders. Children aged 14 to 18 can be placed in the custody of any suitable person designated by a court order in lieu of punishment for an offence.329 there is no explicit limitation on the term to which a person under 18 may be sentenced and life imprisonment is a lawful penalty within national law.
Children under the age of 14
Children under the age of 14 cannot be sentenced to imprisonment.330 However, the provisions permitting detention at Her Majesty's pleasure appear to apply regardless of age, so it is possible that they could be applied to any child who can be held criminally responsible (i.e. from the age of seven).
Number of children serving life imprisonment
CRIN has been unable to access statistical information on the number of people sentenced to be detained at Her Majesty's pleasure or life imprisonment. In 2006, the State provided information on the number of child offenders sentenced to imprisonment between 2003 and 2005, but did not provide a break down of the length of detention.331
Tanzania, United Republic of
Life imprisonment
Detention during the president's pleasure is a lawful sentence for offences committed while under the age of 18.
Meaning of life imprisonment
Detention during the president's pleasure is a form of indefinite detention that can, in principle, extend for the rest of a person's natural life. The Minister responsible for legal affairs has the authority to direct where and for how long a person must be detained.332
Minimum age of criminal responsibility
No person under the age of seven can be held criminally responsible for any act or omission. A child aged seven to 12 can be held criminally responsible where at the time of alleged offence he or she had the capacity to know that he ought not do the act or make the omission.333
Maximum sentences
The Juvenile Court has the power to hear and determine criminal charges against a child (all persons under the age of 18.334 Where a child is convicted of an offence which, if committed by an adult, would have been punishable by a custodial sentence, the court may order the child to be detained at an “approved school”.335 A child cannot be detained in approved schools beyond his or her 18th birthday.336
The Juvenile Court does not appear to have jurisdiction over homicide cases,337 and the Law on the Child did not amend section 26 of the Penal Code, which requires a person under the age of 18 who would otherwise be liable to be sentenced to death to be detained during the president's pleasure.338
Number of children serving life imprisonment
The Ministry of National Security and Protection has reported that between 2003 and 2005 (inclusive) seven persons under the age of 18 were sentenced to imprisonment for murder. As the penalty for this offence is death for an adult and the Juvenile Court does not have jurisdiction over homicide offences, the sentence for this offence should be detention during the president's pleasure.339 CRIN has not been able to confirm that this sentence was applied, however, and has been unable to locate more recent statistics on the sentencing of child offenders to detention during the president's pleasure.
Togo
Life imprisonment
Life imprisonment is not a lawful sentence for offences committed while under the age of 18.
Meaning of life imprisonment
The Minister of Justice is empowered to grant parole to any person who has completed at least half of his or her prison sentence,340 but it is not clear how this provision applies to a life sentence. It is also possible for a person serving a life sentence to be released under the presidential prerogative of mercy.341
Minimum age of criminal responsibility
Under the Penal Code, children under the age of 13 could be held criminally responsible before the Juvenile Court.342 The introduction of the Children's Code 2007, however, has effectively increased the minimum age of criminal responsibility to 14 by providing that children under this age are “criminally irresponsible”.343
Maximum sentences
Children aged 16 to 18
A child aged over 16 cannot be sentenced to a prison term in excess of 10 years.344
Number of children serving life imprisonment
Life imprisonment is not a lawful sentence for any offence committed while under the age of 18.
Tunisia
Life imprisonment
Life imprisonment is explicitly prohibited for persons under the age of 18.345
Meaning of life imprisonment
Tunisian law does not define life imprisonment, though parole may be granted to persons serving a life sentence when they have served no less than 15 years' imprisonment.346
Minimum age of criminal responsibility
Persons under the age of 13 cannot be held criminally responsible.347
Maximum sentences
No one can be sentenced to more than 10 years' imprisonment for an offence committed while under the age of 18.348
Number of children serving life imprisonment
Life imprisonment is not a lawful sentence for any offence committed while under the age of 18.
Uganda
Life imprisonment
The maximum penalties for child offenders effectively prohibit life imprisonment for offences committed while under the age of 18.
Meaning of life imprisonment
A person serving a sentence of imprisonment may be considered for early release after serving two-thirds of his or her sentence.349 For the purposes of calculating remission, life imprisonment is deemed to be 20 years' imprisonment,350 which means that a person serving a life sentence may be considered for early release during his or her 13th year in detention.
Minimum age of criminal responsibility
The minimum age of criminal responsibility is 12 years.351
Maximum sentences
Family and children court
Where the family and children court hears a criminal case, it may impose a sentence of up to three years detention for an offence punishable by death where the child is over the age of 16.352
High Court
The family and children court have jurisdiction to hear most criminal charges against a child, except where an offence is punishable by death, or where a child is charged with a person over 18 years of age.353
Where a child is tried jointly with an adult, he or she must be sentenced by the family and children court,354 so this provision does not extend the maximum period of detention to which a child may be sentenced. Where a child is tried alone or jointly with an adult in a court superior to a family and children court, the child must be remitted to a family and children court for sentencing.355 These provisions should result in capping the maximum sentence to which a child may be sentenced at three years' detention.
Number of children serving life imprisonment
Life imprisonment is not a lawful sentence for any offence committed while under the age of 18.
Zambia
Life imprisonment
Detention during the president's pleasure is a lawful sentence for offences committed while under the age of 18 and life imprisonment does not appear to be explicitly prohibited.
Meaning of life imprisonment
The State has reported to the UN Committee on the Rights of the Child that “with regard to life imprisonment, there is the possibility of release in that the president can exercise the prerogative of mercy at any time”.356 It is not clear whether this means that the provisions for conditional release under the Penal Code do not apply to people serving life sentences.357
Detention at the president's pleasure (DPP) is a form of indefinite detention which can take place wherever and under whatever conditions as the president directs.358 When a judge passes a sentence of DPP, he or she must forward to the president a copy of the notes of evidence taken at the trial and a report containing any recommendations or observations that the judge sees fit.359
Minimum age of criminal responsibility
No person under the age of eight is criminally responsible for any act or omission. A child older than eight but younger than 12 is not criminally responsible for an offence unless it is proved that “at the time of doing the act or making the omission [he or she] had the capacity to do the act or make the omission”.360 A male person under the age of 12 is presumed incapable of having carnal knowledge,361 a provision that prevents the prosecution of younger boys for certain sexual offences.
Maximum sentences
Detention during the president's pleasure
In prohibiting the death penalty as a sentence for child offenders, the Penal Code requires that where a person under 18 would otherwise be liable for capital punishment, the court must instead sentence him or her to be detained during the president's pleasure. Such detention is in “such place and under such conditions as the president may direct.”
Children aged 16 to 18 - life imprisonment?
Children aged 16 to 18 can be sentenced to imprisonment where he or she cannot “be suitably dealt with in any other manner”.362 The Juveniles Act provides a number of alternatives to detention for persons under 18, but does not restrict the power of the courts to pass any sentence or combination of sentences which it is empowered to pass under the Juvenile Act or any other Act.363 As the Penal Code authorises life imprisonment for a number of offences, it seems that a person under the aged 16 to 18 could lawfully be sentenced to life imprisonment.
Persons under the age of 16
No person under the age of 16 (a “child” under the Juveniles Act) can be sentenced to imprisonment or detention in a detention camp.364 This provision does not prevent other forms of detention, however, and does not expressly prevent detention at the pleasure of the president.
Number of children serving life imprisonment
CRIN has been unable to locate statistical information on the number of people serving life imprisonment or detention at the president's pleasure for an offence committed while under the age of 18.
Zimbabwe
Life imprisonment
Life imprisonment is a lawful penalty for offences committed while under the age of 18.
Meaning of life imprisonment
A life sentence passed after the Criminal Procedure and Evidence Act 1997 came into force is defined as imprisonment for the rest of a person's life.365 However, the president is empowered to exercise the prerogative of mercy. For people serving sentences of imprisonment, this permits the president to suspend whole or part of a sentence.366
Minimum age of criminal responsibility
No child can be held criminally responsible for an offence allegedly committed while younger than seven years of age. A child older than seven but younger than 14 can only be held criminally responsible where it is proved that he or she has the capacity to form the intention necessary to commit an offence or, where negligence is an element of the relevant offence, where he or she has the capacity to behave in the way that a reasonable adult would have behave in the circumstance.367 Males under the age of 12 are presumed to be incapable of sexual intercourse, though this is a rebuttable presumption and a younger boy can be prosecuted for sexual offences related to sexual intercourse where it can be demonstrated that he was capable of performing the act on the balance of probabilities.368
Maximum sentences
Life imprisonment
Imprisonment for life is lawful as a sentence under section 336 of the Criminal Procedure and Evidence Act, and there is no exemption for child offenders. The Act does not specify the sentence to be imposed on child offenders for offences normally punished by death but states that the High Court may impose “(a) a sentence of imprisonment for life or (b) any sentence other than the death sentence or imprisonment for life, if the court considers such a sentence appropriate in all the circumstances of the case”.369
The Criminal Law (Codification and Reform) Act states that a person convicted of murder who was under 18 at the time of the offence “shall be liable to imprisonment for life or any shorter period”.370 A number of other crimes under the Act are punishable by imprisonment for life, including attempted murder, treason, insurgency, banditry, rape, kidnapping, robbery and hijacking.371
The children’s court, however, has no power to order life imprisonment in cases under the Children’s Act.372
Number of children serving life imprisonment
CRIN has not been able to locate any statistical information on the number of people serving life imprisonment in Zimbabwe for an offence committed while under the age of 18.
References
1Penal Code, Article 60. Available at: http://www.premier-ministre.gov.dz/images/stories/dossier/Codes/code_p%E9nal.pdf.
2Penal Code, Article 49.
3Summary record of 1057th meeting of the UN Committee on the Rights of the Child, 14 September 2005, CRC/C/SR.1057, 31 July 2013, para. 91.
4Penal Code, Article 50.
5UN Committee on the Rights of the Child, Concluding observations on Algeria's combined third and fourth periodic reviews, CRC/C/DZA/CI/3-4, 18 July 2012, paras. 81 and 82' Concluding observations on Algeria's second periodic report, CRC/C/15/Add.269, 12 October 2005, paras. 80 and 81.
6Constitution of Angola, Article 66(1). Available at: https://www.constituteproject.org/constitution/Angola_2010.pdf.
7Penal Code, Article 43(2). Available at: http://www.saflii.org/ao/legis/num_act/cp76.pdf.
8Penal Code, Article 17(1). Available at: http://www.wipo.int/wipolex/en/text.jsp?file_id=244267.
9UN Committee on the Rights of the Child, Concluding observations on Angola's combined second, third and fourth periodic reports, CRC/C/AGO/CO/2-4, 19 October 2010, paras. 73 and 74.
10Supreme Court Ruling 326/2014. Available at: http://www.tribunalconstitucional.ao/uploads/%7Bf03cb102-223b-4129-9676-c88c4d3fb61a%7D.pdf. The court applied the Portuguese Penal Code 1886. Available at: http://www.fd.unl.pt/Anexos/Investigacao/1274.pdf
11Penal Code, Article 17(2).
12Penal Code, Article 17(4).
13Penal Code, Article 112.
14Penal Code, Articles 104 and 101.
15Ordonnance No 69-23 PR/MJL du 10 juillet 1969 relative au jugement des infractions commises par des mineurs de dix huit ans, Article 32.
16Loi no. 2012-15 portant code de procédure pénale en République du Bénin, Article 808. Available at: http://ppja.org/countries/benin/Benin%20CPC.pdf/at_download/file.
17Loi no. 2012-15 portant code de procédure pénale en République du Bénin, Article 809.
18Loi no. 2012-15 portant code de procédure pénale en République du Bénin, Article 811.
19Ordonnance No 69-23 PR/MJL du 10 juillet 1969 relative au jugement des infractions commises par des mineurs de dix huit ans, Article 23. Available at: http://www.africanchildforum.org/clr/Legislation%20Per%20Country/benin/benin_children_2007_fr.pdf.
20Ordonnance No 69-23 PR/MJL du 10 juillet 1969 relative au jugement des infractions commises par des mineurs de dix huit ans, Article 32.
21Prisons Act, Section 85(c). Available at: http://www.elaws.gov.bw/default.php?UID=602.
22Prisons Act, Section 86.
23Prisons Act, Section 88(1).
24Children's Act 2009, Section 82(1). Available at: http://www.africanchildforum.org/clr/Legislation%20Per%20Country/botswana/botswana_children_%202009_en.pdf.
25Penal Code, Section 13(1). Available at: http://www.lawschool.ac.bw/law_up/docu_36.pdf.
26Penal Code, Section 13(3).
27Penal Code, Section 27(1).
28Code Pénal, Article 74(1). Available at: http://www.refworld.org/docid/3ae6b5cc0.html.
29Penal Code, Sections 42, 63(1), 65, 79, 80, 81, 142(1)(ii), 142(2), 143(1) and 147(1), 168, 217, 222.
30Penal Code, Section 141(2), 143(1), 147(3) 218
31Penal Code, Section 27(2).
32Penal Code, Section 26(2).
33Code Pénal, Sections 74(1) and (2). Available at: http://www.refworld.org/docid/3ae6b5cc0.html.
34Third and fourth periodic reports of Burkina Faso to the UN Committee on the Rights of the Child, CRC/C?BFA/3-4, 30 March 2009, Paragraphs 324 and 325.
35Combined third and fourth periodic reports of Burkina Faso to the UN Committee on the Rights of the Child, CRC/C/BFA/3-4, 30 March 2009, para. 324
36Code Penal du Burundi, Loi No. 1/5 du 22 Avril 2009 portant revision du code penal, Article 127.
37Code Penal du Burundi, Loi No. 1/5 du 22 Avril 2009 portant revision du code penal, Article 136.
38Code Penal du Burundi, Loi No. 1/5 du 22 Avril 2009 portant revision du code penal, Article 28.Available at: http://www.refworld.org/docid/4c31b05d2.html.
39Code Penal du Burundi, Loi No. 1/5 du 22 Avril 2009 portant revision du code penal, Article 29. Available at: http://www.icrc.org/ihl-nat.nsf/a24d1cf3344e99934125673e00508142/cb9d300d8db9fc37c125707300338af2/$FILE/Code%20P%C3%A9nal%20du%20Burundi%20.pdf.
40Criminal Procedure Code, Article 693. Available at: http://www.africanchildforum.org/clr/Legislation%20Per%20Country/cameroon/cameroon_cripro_2005_fr.pdf.
41Code Pénal, 80(1). Available at: http://www.vertic.org/media/National%20Legislation/Cameroon/CM_Code_Penal_Cameroun.pdf.
42Code Pénal, 80(15
43Code Pénal, 80(3).
44Code Pénal, Section 87(1)(a).
45Constitution of Cape Verde, Article 31. Available at: https://www.constituteproject.org/constitution/Cape_Verde_1992.pdf.
46Criminal Code, Article 17.
47Criminal Code, Article 84. Available at: http://www.africanchildforum.org/clr/Legislation%20Per%20Country/cape%20verde/capeverde_penal_2004_pr.pdf.
48Initial Periodic Report of Cape Verde to the UN Committee on the Rights of the Child, CRC/C/11/Add.23, 9 January 2001, para. 184.
49Criminal Procedure Code, Article 426. Available at: http://www.africanchildforum.org/clr/Legislation%20Per%20Country/CAR/car_cripro_2002_fr.pdf.
50Loi No. 10.001 portant code penal Centrafricain, Article 9. Available at: http://www.wipo.int/wipolex/en/text.jsp?file_id=195086.
51Criminal Code, Article 9.
52Code de procedure penale Centrafricain, Loi No. 10.002 du 6 janvier 2010. Article 233. Available at: http://www.ilo.org/dyn/natlex/docs/SERIAL/88120/100660/F498635820/CAF-88120.pdf.
53Ordonnance 67-013-06-09 PR/MJ portant code de procédure pénale, Article 502. Available at: http://www.vertic.org/media/National%20Legislation/Chad/TD_Code_Procedure_Penale.pdf.
54Ordonnance 67-013-06-09 PR/MJ portant code de procédure pénale, Article 503.
55 Loi No 007/PR/99 Portant procédure de poursuites et jugement des infractions commises par les mineurs de treize (13) à moins de Dix huit (18) ans, Article 22.
56Loi No 007/PR/99 Portant procédure de poursuites et jugement des infractions commises par les mineurs de treize (13) à moins de Dix huit (18) ans , Article 30(2).
57Loi No. 81-08 of 1981 libération conditionnelle, Article 2. Available at: http://www.droit-afrique.com/images/textes/Comores/Comores%20-%20Loi%201981%20sur%20la%20liberation%20conditionnelle.pdf.
58Constitution of Comoros, Article 12.
59See Cipriani, Children's Rights and the Minimum Age of Criminal Responsibility, Ashgate, 2009, p. 194-5.
60Loi No. 082 P/A.F – Loi 95-012/AF portant Code pénal (Crimes et délits), Article 51.
61Loi No. 4-2010 du 14 juin 2010 portant protection de l'enfant en République du Congo, Article 64. Available at: http://www.africanchildforum.org/clr/Legislation%20Per%20Country/congo%20brazaville/congobra_children_2010_fr.pdf.
62Loi No. 4-2010 du 14 juin 2010 portant protection de l'enfant en République du Congo, Article 1.
63Loi No. 1-63 du 13 janvier 1963 portant code de procédure pénal, Article 638. Available at: http://www.cesbc.org/congo/Lois/Loi%201-63.pdf.
64Loi No. 1-63 du 13 janvier 1963 portant code de procédure pénal, Article 640.
65Loi No. 1-63 du 13 janvier 1963 portant code de procédure pénal, Article 639.
66Loi No. 1-63 du 13 janvier 1963 portant code de procédure pénal, Article 641.
67Loi No. 4-2010 du 14 juin 2010 portant protection de l'enfant en République du Congo, Article 73. Available at: http://www.africanchildforum.org/clr/Legislation%20Per%20Country/congo%20brazaville/congobra_children_2010_fr.pdf. See also Criminal Procedure Code, Article 686. Available at: http://www.africanchildforum.org/clr/Legislation%20Per%20Country/congo%20brazaville/congobra_cripro_1963_fr.pdf.
68Loi No. 4-2010 du 14 juin 2010 portant protection de l'enfant en République du Congo, Article 79(c), 64 and 80 respectively.
69Loi no. 09/001 du 10 janvier 2009 portant protection de l'enfant, Article 9. Available at: http://www.africanchildforum.org/clr/Legislation%20Per%20Country/DRC/drc_children_2009_fr.pdf.
70Loi No. 09/001 du 10 janvier 2009 portant protection de l'enfant, Article 2.
71Code Pénal Congolais Article 35. Available at: http://www.africanchildforum.org/clr/Legislation%20Per%20Country/DRC/drc_penal_2004_fr.pdf.
72Loi No. 09/001 du 10 janvier 2009 portant protection de l'enfant, Article 95.
73UN Committee on the Rights of the Child, Concluding observations on the second periodic report of the Democratic Republic of the Congo, CRC/C/COD/CO/2, 10 February 2009, para. 90.
74Loi No. 09/001 du 10 janvier 2009 portant protection de l'enfant, Article 116.
75Loi No. 09/001 du 10 janvier 2009 portant protection de l'enfant, Article 115.
76Second periodic report of the Democratic Republic of the Congo to the UN Committee on the Rights of the Child, CRC/C/COD/2, 24 July 2008, paragraph 221.
77Loi No. 60-366 du 14 novembre 1960 portant code de procédure pénale, Article 689.
78Loi No. 60-366 du 14 novembre 1960 portant code de procédure pénale, Article 116. Available at: http://www.africanchildforum.org/clr/Legislation%20Per%20Country/cotedevoir/coted'ivoire_penal_%201995_fr.pdf.
79Loi No. 1981-640 du 31 juillet 1981, instituant le Code Pénal, Articles 114 and 16.
80Loi No. 1981-640 du 31 juillet 1981, instituant le Code Pénal, Article 116.
81Code de Procédure Pénale, Article 598. Available at: http://www.geneva-academy.ch/RULAC/pdf_state/Code-on-Penal-Procedure.pdf.
82Penal Code, Article 32. Available at: http://www.djibouti.mid.ru/doc/UK.htm.
83Penal Code, Article 32.
84Child Law, Article 111. Available at: http://www.nccm-egypt.org/e7/e2498/e2691/infoboxContent2692/ChildLawno126english_eng.pdf.
85Law No. 58 of 1937 promulgating the Penal Code, Articles 74 and 75. Available at: http://www1.umn.edu/humanrts/research/Egypt/criminal-code.pdf.
86Child Law, Article 94. Available at: http://www.africanchildforum.org/clr/Legislation%20Per%20Country/Egypt/egypt_children_2008_en.pdf.
87Child Law, Articles 94 and 101. Note, under Egyptian law, “reproach” is a a censure delivered by the court and a awarning against committing further offences, see Article 102).
88Child Law, Article 111.
89Chidl Law, Article 107.
90Child Law, Article 101.
91Child Law, Article 107.
92Compte rendu analytique de la 990e Séance, CRC/C/SR.990, 31 janvier 2005, para. 18. CRIN has not been able to confirm the minimum age of criminal responsibility in national legislation.
93Transitional Penal Code, Article 112.
94Transitional Penal Code, Article 52. Also see, Combined second and third periodic report of Eritrea to the UN Committee on the Rights of the Child, CRC/C/ERI/3, 23 October 2007, para. 335.
95Transitional Penal Code, Article 118.
96Transitional Penal Code, Article 184.
97Transitional Penal Code, Article 166
98Transitional Penal Code, Article 109.
99Transitional Penal Code, Article 173.
100Fourth periodic report of Eritrea to the UN Committee on the Rights of the Child, CRC/C?ERI/4, 2 January 2014, para. 389.
101Penal Code, Article 202(1).
102Penal Code, Article 202(2).
103Penal Code, Article 52. Available at: http://www.refworld.org/docid/49216b572.html.
104Penal Code, Article 56(1).
105Penal Code, Article 117(1).
106 Penal Code, Articles 251, 252, 298, 206(4), 311, 313, 316, 381, 512, 539, 631(5),
107Penal Code, Article 53(1).
108Penal Code, Article 168.
109Penal Code, Article 168(1)(a) and (b).
110Summary record of the 1164th meeting of the UN Committee on the Rights of the Child, CRC/C/SR.1164, 22 September 2006.
111Code Penal, Loi No. 21/63 du 31 mai 1963, Article 57. Available at: http://www.africanchildforum.org/clr/Legislation%20Per%20Country/gabon/gabon_penal_1963_fr.pdf.
112Code Penal, Loi No. 21/63 du 31 mai 1963, Article 57.
113Code Penal, Loi No. 21/63 du 31 mai 1963, Article 60.
114See, e.g., Articles 62, 67, 71, 105, 109, 131, 141, 164, 195, 229, 233, 234, 235, 238, 253, 259, 277, 295, 312,
115Code Penal, Loi No. 21/63 du 31 mai 1963, Article 33.
116Code Penal, Loi No. 21/63 du 31 mai 1963, Article 59.
117Children's Act 2005, Section 209. Available at http://www.africanchildforum.org/clr/Legislation%20Per%20Country/Gambia/gambia_children_2005_en.pdf.
118Children's Act 2005, Section 213.
119Children's Act 2005, Section 219(1).
120Children's Act 2005, Section 231(1).
121Children's Act 2005, Section 213(a).
122For full information on the death penalty in Gambia see Death Penalty Worldwide, Gambia, 10 September 2012. Available at: http://www.deathpenaltyworldwide.org/country-search-post.cfm?country=Gambia.
123Children's Act 2005, Section 218(1)(b).
124Criminal Code, Section 35. See The State v. Janneh, Keita, Jallow and Thomas [2012], Case No. HC/323/11/CR/101/AO. Available at: http://www.judiciary.gov.gm/images/Judgement/hon_justiceNkea/judgment%20the%20state%20vs%20dr%20amadou%20scattred%20janneh%20and%20ors.pdf.
125Prison Services Act 1972,Section 34.
126Constitution of Ghana, Article 72. Available at: https://www.constituteproject.org/constitution/Ghana_1996.pdf.
127Criminal Code, Section 26.
128Juvenile Justice Act 2003, Section 32(2). Available at: http://www.refworld.org/pdfid/44bf87374.pdf.
129Juvenile Justice Act 2003, Section 1.
130Juvenile Justice Act, Sections 1 and 17.
131Juvenile Justice Act, Section 29(1)(e).
132Juvenile Justice Act, Section 46(1).
133Juvenile Justice Act, Section 46(8).
134Juvenile Justice Act, Section 47.
135Code de procédure pénale de la République de Guinee, Article, 785.
136Code Penal, Article 64.
137Code de L'Enfant Guinéen, Loi L/2008/011/AN du 19 Aout 2008, Article 345.
138Code de L'Enfant Guinéen, Loi L/2008/011/AN du 19 Aout 2008, Article 346. Available at: http://www.icrc.org/ihl-nat.nsf/0/AAC20477AF5D4B28C12576DC0039A4D7.
139Code de L'Enfant Guineen, Loi L/2008/011/AN du 19 Aout 2008, Article 345.
140Second periodic report of Guinea to the UN Committee on the Rights of the Child, CRC/C?GIN/2, 18 April 2012, para. 516.
141Constitution of Guinea-Bissau, Article 32(4) and 35(4). Available at: https://www.constituteproject.org/constitution/Guinea_Bissau_1991.pdf.
142Código Penal Guineense, Decreto Lei No. 4/93, Artigo 38 and 4. Available at: http://www.africanchildforum.org/clr/Legislation%20Per%20Country/guinea%20bissau/guineabissau_penal_pr.pdf.
143Código Penal Guineense, Decreto Lei No. 4/93, Artigo 10.
144Código Penal Guineense, Decreto Lei No. 4/93, Artigo 12.
145Código Penal Guineense, Decreto Lei No. 4/93, Artigo 72.
146The Children Act, Section 18(2). A child is defined as a person under the age of 18 for the purposes of the Children's Act.
147Prisons Code, Section 46(1)(ii). Available at: http://www.kenyalaw.org/kenyalaw/klr_app/frames.php.
148Prisons Act, No. 49 of 1962, Section 48.
149Penal Code, Section 14(1) and (2). Available at: http://www.kenyalaw.org/Downloads/GreyBook/8.%20The%20Penal%20Code.pdf.
150Penal Code, Section 14(3).
151Penal Code, Section 25(2). Available at: http://www.icrc.org/ihl-nat.nsf/a24d1cf3344e99934125673e00508142/95bcf642e7784b63c1257b4a004f95e8/$FILE/Children's%20Act.pdf.
152Consolidated third, fourth and fifth state reports of Kenya to the UN Committee on the Rights of the Child, Table 73. (at the time of writing, the report had yet to be issued a UN document number).
153Children's Protection and Welfare Act No. 7 of 2011,, Section 161. Available at: http://www.africanchildforum.org/clr/Legislation%20Per%20Country/lesotho/lesotho_children_2011_en.pdf.
154Children's Protection and Welfare Act 2011, No. 7 of 2011, Section 79(1) - (4).
155Children's Protection and Welfare Act No. 7 of 2011, Section 156(1).
156Children's Protection and Welfare Act No. 7 of 2011, Section 134.
157Children's Protection and Welfare Act No. 7 of 2011, Section 161.
158See Penal Code Act 2010. Available at: http://www.lesotholii.org/ls/legislation/act/2012/6.
159An Act to Amend Chapters 14 and 15 Sub-Chapter(C0, Title 26 of the Liberian Code of Laws Revised, Section 15.34. Available at: http://www.un.org/depts/los/LEGISLATIONANDTREATIES/PDFFILES/LBR_national_legislation.pdf.
160Juvenile Court Procedural Code, Section 11.11(b).
161Juvenile Court Procedural Code, Section 11.1. As per American Bar Association Africa Law Initiative and United Nations Children's Fund, Assessment of the Liberian juvenile justice system, July 2006. Available at: http://www.oijj.org/en/docs/general/assessment-of-the-liberian-juvenile-justice-system.
162Penal Code, Section 4.1.
163Juvenile Court Procedural Code, Section11.11(a).
164Judiciary Law, Section 11.21. Available at: http://www.liberlii.org/lr/legis/codes/jlt17lcolr415/.
165Children's Law, Article III, Section 3.2. Available at: http://www.africanchildforum.org/clr/Legislation%20Per%20Country/liberia/liberia_children_2011_en.pdf.
166Penal Code, Section 14.1, 14.70(4)(b).
167Children's Law 2011, Article IX, Section 3(3).
168Judiciary Law, Section 10.2.Available at: http://www.liberlii.org/lr/legis/codes/jlt17lcolr415/.
169Judiciary Law, Section 11.71(f).
170United Nations, Quarterly report on human rights situation in Liberia, October 2007. Available at: http://www.refworld.org/pdfid/47454d132.pdf.
171United Nations Quarterly report on human rights situation in Liberia, October 2007. Available at: http://www.refworld.org/pdfid/47454d132.pdf.
172Second periodic report of Libya to the UN Committee on the Rights of the Child, CRC/C/93/Add.1, 19 September 2002, para. 31.
173Penal Code, Article 126. Available at: http://www.africanchildforum.org/clr/Legislation%20Per%20Country/libya/libya_penal_1953_en.pdf.
174Penal Code, Articles 80 and 81. See Second periodic report of Libya to the UN Committee on the Rights of the Child, CRC/C/93/Add.1, 19 September 2002, para. 29.
175Second periodic report of Libya to the UN Committee on the Rights of the Child, CRC/C/93/Add.1, 19 September 2002, para. 30.
176Penal Code, Article 81. Partial English translation available at: https://ia600704.us.archive.org/25/items/LibyanPenalCodeenglish/LibyanPenalCode.pdf.
177Code de procédure pénale, Article 574. Available at: http://www.icrc.org/applic/ihl/ihl-nat.nsf/6fa4d35e5e3025394125673e00508143/c3b607f7a3cfab00c12570a500475293/$FILE/CODE%20DE%20PROCEDURE%20PENALE.pdf.
178 Loi no. 2016-018 relative aux mesures et à la procédure applicables aux enfants en conflit avec la loi, Article 101 and 111.
179 Loi no. 2016-018 relative aux mesures et à la procédure applicables aux enfants en conflit avec la loi, Article 112.
180 Loi no. 2016-018 relative aux mesures et à la procédure applicables aux enfants en conflit avec la loi, Article 112.
182Article 42(2)(g)(i).
183Penal Code, Section 14.
184Penal Code, Section 14(3).
185Penal Code, Section 26(2).
186Child Care, Protection and Justice Act, Section 140. Available at: http://www.ilo.org/wcmsp5/groups/public/---ed_protect/---protrav/---ilo_aids/documents/legaldocument/wcms_190731.pdf.
187These offences are listed under Schedule 6 of the Child care, Protection and Justice Act 2010, and include all offences for which the death penalty would be lawful for an adult, attempted murder and manslaughter.
188Child Care, Protection and Justice Act, Section 141.
189 Law no. 85-42/AN-RM 28 juin 1985, Article 26. Available at: http://www.cicr.org/ihl-nat/0/F1CC9D07508B8D7DC1257562003BEBF7.
190Ordonnance No. 02-062 /P-RM du 5 juin 2002, Article 98. Available at:http://www.ilo.org/dyn/natlex/docs/MONOGRAPH/73641/75348/F518879681/MRT-73641.pdf. http://www.law.yale.edu/rcw/rcw/jurisdictions/afw/mali/mali_law.pdf.
191Ordonnance No. 02-062 /P-RM du 5 juin 2002, Article 169. Available at: http://www.law.yale.edu/rcw/rcw/jurisdictions/afw/mali/mali_law.pdf.
192Ordonnance No. 83.163 instituant un code de procedure penal, Article 625. Available at: http://www.droit-afrique.com/images/textes/Mauritanie/Mauritanie%20-%20Code%20proc%E9dure%20p%E9nale%201983.pdf.
193Ordonnance No. 2005-015 portant protection pénale de l'enfant , Article 2.
194Ordonnance No. 2005-015 portant protection pénale de l'enfant, Article 147. Available at:
195Criminal Code, Articles 60, 61 and 62.
196Criminal Procedure Act, Section 150A. Available at: http://attorneygeneral.gov.mu/English/Documents/A-Z%20Acts/C/Page%207/CRIMINALPROCEDURE1.pdf.
197Boucherville v. the State of Mauritius [2008] UKPC 37, para. 23. Available at: http://www.saflii.org/mu/cases/UKPC/2008/37.html.
198Criminal Code Act, Sections 44 and 45.Available at: http://attorneygeneral.gov.mu/English/Documents/A-Z%20Acts/C/Page%207/CRIMINALCODE1.pdf.
199Juvenile Offenders Act, Section 16(2) to (4). Available at: http://socialsecurity.gov.mu/English/Documents/Act/Juvenile%20Offenders%20Act/juvenileoffendersact.pdf.
200Criminal Code Act. Available at: http://www.wipo.int/wipolex/en/text.jsp?file_id=244402.
201Criminal Code Act, Section 44.
202Criminal Code Act, Section 45.
203Criminal Procedure Code, Article 493.
204Penal Code, Article 12; Criminal Procedure Code, Articles 138 and 458.
205Criminal Procedure Code, Article 493.
206Constitution of Mozambique, Article 61(1). Available at: https://www.constituteproject.org/constitution/Mozambique_2007.pdf.
207Penal Code, Article 42 in conjunction with the Statute of Legal Aid to Minors.
208Decreto No. 417/71 Aprovo o Estatuto de Assistência Jurisdicional aos Menores do Ultramar, Artigo 16. Available at: http://www.dre.pt/cgi/dr1s.exe?t=dr&cap=1-1200&doc=19711772%20&v02=&v01=2&v03=1900-01-01&v04=3000-12-21&v05=&v06=&v07=&v08=&v09=&v10=&v11=Decreto&v12=417/71&v13=&v14=&v15=&sort=0&submit=Pesquisar.
209Penal Code, Articles 55 and 108. Available at: http://www.africanchildforum.org/clr/Legislation%20Per%20Country/Mozambique/mozambique_penal_2006_pr.pdf.
210Decreto No. 417/71 Aprovo o Estatuto de Assistência Jurisdicional aos Menores do Ultramar,Artigo 21.
211The Child Care and Protection Bill is available at: http://www.unicef.org/namibia/CCPA_FINAL_DRAFT_COMPLETE_clean_copy__09june_2010__sent_9_July.pdf.
212Criminal Procedure Act 2004, Section 1. Available at: http://www.superiorcourts.org.na/high/docs/crimprocact.pdf.
213Criminal Procedure Act 2004, Section 307(1)(a)(ii). Article 45.
214See State v. Tcoieb [2001] AHRLR 158 (NaSC 1996), paras. 20, 22 and 23. Available at: http://www.chr.up.ac.za/index.php/browse-by-subject/376-namibia-state-v-tcoeib-2001-ahrlr-158-nasc-1996.html.
215Prisons Act 8 of 1959 (as amended by Act 13 of 1981), Section 67(1)(b).
216First periodic report of Namibia to the UN Committee on the Rights of the Child, CRC/C/3/Add.12, January 1993, para. 40.
217Children Act, Section 22(1). Available at: http://wcd.nic.in/childrenact1960.htm#_Toc520267324.
218Criminal Procedure Act 2004, Section 309(3).
219Criminal Procedure Code, Article 671. Available at: https://www.unodc.org/tldb/pdf/Niger/Niger_CPP.pdf.
220Penal Code, Article 45. Available at: http://www.icrc.org/ihl-nat.nsf/0/3e747f82e6028e32c1257084002f7245/$FILE/Niger%20-%20Criminal%20Code%202008%20fr.pdf.
221Penal Code, Article 47.
222Penal Code. Article 46.
223 See Ostien, P. (2007), Sharia Implementation in Northern Nigeria 1999-2006: A Sourcebook, Ibadan: Spectrum Books Limited
224 See Human Rights Watch (2004), “Political Shari’a”? Human Rights and Islamic Law in Northern Nigeria, NewYork: Human Rights Watch
225Constitution of Nigeria, Article 175(1). Available at: https://www.constituteproject.org/constitution/Nigeria_1999.pdf.
226Ibid. at Article 212.
227 Articles 204 and 277
228 Article 2 (21 August 1995, CRC/C/8/Add.26, Initial state party report to the Committee on the Rights of the Child, para. 36)
229 Articles 26, 27 and 28 (21 August 1995, CRC/C/8/Add.26, Initial state party report to the Committee on the Rights of the Child, para. 36)
230 Article 30
231 Article 2
232 Article 50
233 For example, see Harmonised Sharia Penal Code in Ostien (2007), op cit., article 72
234 11 June 2010, CRC/C/NGA/CO/3-4 Advance Unedited Version, Concluding observations of the Committee on the Rights of the Child on the state party’s third/fourth report, para. 26
235 ibid.
236OMCT & CLEEN (2004), op cit.
237 Articles 39 and 319
238 Article 368
239 Article 419(1)
240 Article 419(2)
241 Article 427
242 Article 432(2)
243 Criminal Code Act, articles 41, 42, 44, 48, 53, 76, 118, 125, 134, 147, 149, 153, 161, 162, 194, 219, 320, 321, 322, 326, 328, 330, 331, 332, 333, 334, 358, 390, 403, 408, 411, 427, 443, 447, 449, 451
244 Criminal Procedure Act, article 368(2)
245 Article 2(2)(b)
246 Kano Penal Code section 140; Zamfara Penal Code section 153; Niger State Penal Code section 68A
247 Article 94
248 See Harmonised Sharia Penal Code in Ostien (2007), op cit., Article 94 and footnote
249 See Harmonised Sharia Criminal Procedure Code in Ostien (2007), op cit., articles 138 and 193 and footnotes
250 See Harmonised Sharia Criminal Procedure Code in Ostien (2007), op cit., articles 238 and 239 and footnotes
251 Article 240(3)
252 Article 2(2)(b)
253 11 June 2010, CRC/C/NGA/CO/3-4 Advance Unedited Version, Concluding observations of the Committee on the Rights of the Child on the state party’s third/fourth report, para. 32. See also Amnesty International (2009), op cit.; Amnesty International (2010b), Death sentences and executions 2009, London: Amnesty International Publications; Amnesty International & Legal Defence and Assistance Project (2008), op cit.
254Available at: www.crin.org/node/30534 .
255Amnesty International (2009), op cit.; Amnesty International & Legal Defence and Assistance Project (2008)
256Penal Code, Article 77. Available at: http://www.wipo.int/wipolex/en/text.jsp?file_id=221101.
257Penal Code, Article 135.
258Penal Code, Article 77.
259Penal Code, Article 77.
260Constitution of Sao Tome and Principe, Article 37: “There may be no punishments nor security measures which deprive or restrict liberty which are of a perpetual, unlimited duration or undefined nature.”. Available at: https://www.constituteproject.org/constitution/Sao_Tome_and_Principe_1990.pdf.
261Penal Code, Article 19. Available at: http://www.rjcplp.org/sections/informacao/anexos/legislacao-sao-tome-e2539/codigos-e-estatutos-sao2859/codigo-penal-sao-tome-e/downloadFile/file/Codigo_Penal.pdf?nocache=1365762644.85.
262Penal Code, Article 9. Available at: http://www.rjcplp.org/sections/informacao/anexos/legislacao-sao-tome-e2539/codigos-e-estatutos-sao2859/codigo-penal-sao-tome-e/downloadFile/file/Codigo_Penal.pdf?nocache=1365762644.85.
263Code de Procédure Pénale, Article 699. Available at: http://www.douanes.sn/fichiers/Code_De_Procedure_PENAL.PDF.
264Penal Code, Article 52. Available at: http://www.justice.gouv.sn/droitp/CODE%20PENAL.PDF.
265Penal Code, Article 52.
266Prisons Act, Section 41(1) and (2). Available at: http://www.seylii.org/sc/legislation/consolidated-act/180.
267Constitution of the Seychelles, Article 60.1. Available at https://www.constituteproject.org/constitution/Seychelles_2011.pdf.
268Penal Code, Section 15. Available at: http://www.africanchildforum.org/clr/Legislation%20Per%20Country/Seychelles/seychelles_penal_1955_en.pdf.
269Penal Code, Section 15(3).
270Initial report to the UN Committee on the Rights of the Child, CRC/C/3/Add.64, 3 May 2002, at IX.A.1. The administration of juvenile justice.
271Children Act, Section2. Available at: http://www.seylii.org/sc/legislation/consolidated-act/28.
272Children Act, Section 95.
273Penal Code, Section 40, 44, 47,58, 81, 115, 194, 195, 207, 208, 215, 217, 219, 220, 281, 282, 318, 322, 325(2)(b), 325(3), 336, 351, 352.
274Children Act, Section 94(1).
275Criminal Procedure Act, Section 217. Available at: http://www.sierra-leone.org/Laws/1965-32.pdf.
276Child Rights Act, Section 70. Available at: http://www.sierra-leone.org/Laws/2007-7p.pdf.
277Criminal Procedure Act, Section 216.
278Children and Young Persons Act, Ch. 44 Sections 24(1) and Section 2. Note: these provisions have been amended by the Child Rights Act 2007.
279Penal Code, Article 151. Available at: http://www.somalilandlaw.com/Penal_Code_English.pdf.
280 Articles 59, 60 and 177
281 Article 1
282 Articles 3 and 9
283 http://www.reliefweb.int/rw/res.nsf/db900SID/OCHA-7VJAVD, accessed 21 February 2011
284Somaliland Penal Code, Legislative Decree No. 5 of 16 December 1962, Articles 60 and 119. Available at: http://www.somalilandlaw.com/Penal_Code_English.pdf.
285 Article 177
286 Articles 9 and 105
287 Article 3
288 A/HRC/13/65, 23 March 2010, Report of the independent expert on the situation of human rights in Somalia, Shamsul Bari, para. 66
289 A/HRC/12/44, 17 September 2009, Report of the independent expert on the situation of human rights in Somalia, Shamsul Bari, para. 66
290Penal Code, Article 151. Available at: http://www.somalilandlaw.com/Penal_Code_English.pdf.
291 Reported at http://www.unicef.org/somalia/reallives_5434.html, accessed 21 February 2011
292 Human Rights Watch (2009), “Hostages to Peace": Threats to Human Rights and Democracy in Somaliland, New York: Human Rights Watch; A/HRC/15/48, 16 September 2010, Report of the independent expert on the situation of human rights in Somalia, Shamsul Bari, paras. 38 and 40
293 Human Rights Watch (2009), “Hostages to Peace”: Threats to Human Rights and Democracy in Somaliland, New York: Human Rights Watch
294 For example, see Human Rights Watch (2009), “Hostages to Peace”: Threats to Human Rights and Democracy in Somaliland, New York: Human Rights Watch ; Jama, I. H. (n.d.), “Public Order Law in Somaliland : Learning the lessons of democracy”, http://www.somalilandlaw.com/PUBLIC_ORDER_LAW_IN_SOMALILAND_Article.htm, accessed 21 February 2011
295 Reported at http://www.unicef.org/somalia/reallives_5434.html, accessed 21 January 2011, and http://www.somalilandlaw.com/, accessed 22 March 2011
296 A/HRC/13/65, 23 March 2010, Report of the independent expert on the situation of human rights in Somalia, Shamsul Bari, para. 66
297 A/HRC/12/44, 17 September 2009, Report of the independent expert on the situation of human rights in Somalia, Shamsul Bari, para. 66
298Correctional Services Act, Section 73(1)(b). Available at: http://saflii.org/za/legis/num_act/csa1998234.pdf.
299Correctional Services Act, Section 73(6)((b)(iv).
300Nkosi and others v. The State [2002] JOL 10208. The full text of the judgment was not available online at the time of writing, but the relevant section of the judgment can be found quoted in Mujuzi, J.D, “Why the Supreme Court of Uganda should reject the Constitutional Court's understanding of imprisonment for life” African Human Rights Law Journal, Vol. 8 No. 1, 2008. 1
301Child Justice Act, Section 88(6).
302Child Justice Act 2008, Section 7(1). Available at: http://www.gov.za/documents/detail.php?cid=194132.
303Child Justice Act 2008, Section 7(2).
304Child Justice Act 2009, Section 11(1). The procedure for this process is laid out in Sections 11(2) to (5).
305Criminal Law Amendment Act, Section 51(1) and (3)(b). Available at: http://www.saflii.org/za/legis/num_act/claa1997205.pdf. Child Justice Act 2008, Section 77(2).
306Child Justice Act 2008, Section 77(3).
307Child Justice Act 2008, Section 77(4).
308Child Justice Act, Section 77(1)(a).
309Carina du Toit, “A measure of last resort? Child offenders and life imprisonment”, SA Crime Quarterly No. 17, September 2006. Available at: http://www.issafrica.org/uploads/CQ17duToit.pdf.
310Child Act 2008, Sections 5 and 21. Available at: http://www.refworld.org/pdfid/49ed840c2.pdf.
311Penal Code, Section 10. Available at: http://www.africanchildforum.org/clr/Legislation%20Per%20Country/South%20Sudan/ssuadan_penal_2009_en.pdf.
312Penal Code, Section 30.
313Penal Code, Section 31.
314Child Act 2008, Sections 5 and 21. Available at: http://www.africanchildforum.org/clr/Legislation%20Per%20Country/South%20Sudan/ssudan_children_2008_en.pdf.
315Penal Code, Section 9(a). Available at: http://www.africanchildforum.org/clr/Legislation%20Per%20Country/South%20Sudan/ssuadan_penal_2009_en.pdf.
316Penal Code, Section 11.
317See Penal Code.
318Penal Code, Sections 65, 66 and 75.
319Criminal Act 1991, Section 33(1).
320Criminal Act 1991, Sections 3 and 9.
321Narcotic Drugs and Psychotropic Substances Act 1994, Articles 15 and 20.
322Criminal Act 1991, Section 33(3). Available at: http://www.icrc.org/applic/ihl/ihl-nat.nsf/6fa4d35e5e3025394125673e00508143/b9eeba1ca8f54121c1256dc9005573f2?openDocument.
323Criminal Act 1991, Section 168.
324For more information, see CRIN, Sudan: Inhuman sentencing of children and Death penalty: Submission to the report of the UN Secretary-General on the moratorium on the use of the death penalty, April 2012.
325Constitution of Swaziland, Article 15(3). Available at: https://www.constituteproject.org/constitution/Swaziland_2005.pdf.
326Criminal Procedure and Evidence Act, Sections 330, 332 and 333. Available at: http://www.icrc.org/ihl-nat/a24d1cf3344e99934125673e00508142/369ba0cd358806ccc1257b270039bed3/$FILE/TIlE%20CRIMINAL%20PROCEDURE%20AND%20EVIDENCE%20ACT.pdf.
327Initial report of Swaziland to the UN Committee on the Rights of the Child, CRC/C/SWZ/1, 16 February 2006, para. 79.
328Criminal Procedure and Evidence Act, Section 296(1)
329Criminal Procedure and Evidence Act, Section 305(1).
330Criminal Procedure and Evidence Act, Section 296(2).
331Written replies by the Government of the Kingdom of Swaziland concerning the list of issues received by the Committee on the Rights of the Child relating to the consideration of the initial report of the Kingdom of Swaziland, CRC/C/SWZ/Q/1/Add.1, 17 August 2006, p. 11.
332Criminal Code, Section 26(2). Available at: http://www.un.org/depts/los/LEGISLATIONANDTREATIES/PDFFILES/TZA_penal_code.pdf.
333Criminal Code, Section 15.
334Law on the Child, No. 21 of 2009, Section 4(1). Available at: http://www.ilo.org/wcmsp5/groups/public/---ed_protect/---protrav/---ilo_aids/documents/legaldocument/wcms_151287.pdf.
335Law on the Child, No. 21 of 2009, Section 120.
336Law on the Child, No. 21 of 2009, Section 127.
337Law on the Child, No. 21 of 2009, Section 103.
338Penal Code, Section 26(2) and (3).
339Written replies by the Government of the United Republic of Tanzania concerning the list of issues received by the Committee on the rights of the Child relating to the consideration of the second periodic report of Tanzania, CRC/C/TZA/Q/2/Add.1, 20 April 2006, p. 22.
340Criminal Procedure Code, Article 511. Available at: http://www.vertic.org/media/National%20Legislation/Togo/TG_Code_Procedure_Penale.pdf.
341See Criminal Procedure Code, Articles 515 to 522.
342Code de Procedure Penale, Article 455. Available at: http://www.vertic.org/media/National%20Legislation/Togo/TG_Code_Procedure_Penale.pdf.
343Children's Code 2007, Article 302. Available at: http://www.hsph.harvard.edu/population/fgm/togo.child.07.pdf.
344Loi No. 2007-017 du 6 juillet 2007 portant code de l'efant, Article 336. Available at: http://www.hsph.harvard.edu/population/fgm/togo.child.07.pdf.
345Criminal Code, Article 43. Available at: http://www.e-justice.tn/fileadmin/fichiers_site_francais/codes_juridiques/Code_penal_12_07_2010_fr.pdf .
346Criminal Procedure Code, Article 354. Available at: http://www.droit-afrique.com/images/textes/Tunisie/Tunisie%20-%20Code%20procedure%20penale%202010.pdf.
347Child Protection Code, Article 68. http://www.pedagogie.education.gov.tn/2009-07-04/enfance.pdf.
348Criminal Code, Article 43.
349Prisons Act 2006, Section 84(1).Available at: http://www.icla.up.ac.za/images/un/use-of-force/africa/Uganda/Prisons%20Act%20Uganda%202006.pdf.
350Prisons Act 2006, Section 86(3).
351Children's Act, Section 88. Available at: http://www.icrc.org/ihl-nat.nsf/a24d1cf3344e99934125673e00508142/738fcd999d6976a8c125767e004c5fa6/$FILE/THE%20CHILDREN%20ACT.pdf.
352Children's Act, Section 94(1)(g)
353Children's Act. Section 93.
354Children's Act, 104(2).
355Children's Act, Section 100(3).
356Initial report of Zambia to the UN Committee on the Rights of the Child, CRC/C/11/Add.25, 19 November 2002, para. 551.
357See Penal Code, Section 41.
358Penal Code, Section 25(2). Available at: http://www.zamlii.org/zm/legislation/consolidated-act/87. Note: version provided here does not take account of the Penal Code (Amendment) Acts of 2007 and 2012.
359Penal Code, Section 25(3).
360Penal Code, Section 14(1) and (2).
361Penal Code, Section 14(3).
362Juveniles Act, Sections 73(1)(j) and 2.
363Juveniles Act, Section 73(3)
364Juveniles Act, Sections 2 and 72(1).
365Criminal Procedure and Evidence Act, Section 344A. Available at: http://www.wipo.int/wipolex/en/text.jsp?file_id=313975.
366Criminal Procedure and Evidence Act, Section 378.
367Criminal Code, Sections 6 and 7. Available at:.http://tsime.uz.ac.zw/claroline/backends/download.php/Y3JpbWluYWxfbGF3X2NvZGlmaWNhdGlvbl9hbmRfX3JlZm9ybV9hY3QuUERG?cidReq=LB004
368Criminal Code, Section 63.
369 Section 337; see also section 344.
370 Section 47.
371 Sections 20, 23, 47, 65, 93, 126 and 147.
372 Section 20 specifies the powers of the children’s court.