ARBITRARY DETENTION: Children's rights extracts from the report of the UN Working Group

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Summary: Children's rights extracts from the annual report of the Working Group on Arbitrary Detention.

Children's rights extracts from the report of the Working Group on Arbitrary Detention:

24. During the period 18 November 2010–17 November 2011, the Working Group transmitted 108 urgent appeals to 45 Governments concerning 1,629 persons (1,526 men, 99 women and four minors). In conformity with paragraphs 22–24 of its revised methods of work (A/HRC/16/47, annex), the Working Group, without prejudging whether the detention was arbitrary, drew the attention of each of the Governments concerned to the specific case as reported, and appealed to them to take the necessary measures to ensure that the detained persons’ right to life and to physical integrity were respected.

 42. Regarding the recommendations for special treatment of minors in detention, the Government notes that the majority age in Angola is 18 years. However, minors aged 16 and 17 years are criminally liable. Such criminal responsibility is relative, as not all of the sentences set forth in the Criminal Code are applicable to these minors. The heaviest sentences do not apply to these minors. Hence, minors aged 16 or 17 cannot be sentenced to more than eight years in prison and the judge has the authority to reduce that sentence to one year in prison pursuant to articles 94 and 108 of the Criminal Code. Minors aged 16 and 17 are separated from the adults in accordance with article 22 of Law No. 8 of 29 August 2008. The Government nevertheless notes that, owing to overcrowding, a strict separation and prevention of incidents between minors and adults is not yet entirely satisfactory. Minors under 16 years suspected of having committed an offence are protected by a special legal regime of the Juvenile Court. They can only be subject to a proceeding for application of crime prevention measures and proceeding for application of social protection measures.

64. Constitutional or legal provisions governing the remedy of habeas corpus must provide safeguards against the following indications of a possible infringement of personal liberty:

(j) Failure to inform the persons closest to the detainee of all relevant circumstances, especially in the case of minors.

Organisation: 
Office of the United Nations High Commissioner for Human Rights

Countries

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