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Summary: This report extracts mentions of children's rights issues in the reports of the UN Special Procedures. This does not include reports of child specific Special Procedures, such as the Special Rapporteur on the sale of children, child prostitution and child pornography, which are available as separate reports. Reports: ______________________________________________________________________________ Working Group on Arbitrary Detention Detention of minors: Although most of the difficulties encountered in implementing the recommendations have been overcome, some remain. They were the subject of an agreement with the authorities concerned, as follows: (c) To make the penalty system more flexible. According to law, the judge may pronounce only a prison sentence, even for minor misdemeanours and first offences. He may not suspend a prison sentence nor substitute a fine for imprisonment, except in the case of minors. The only possibility is to reduce the sentence to the minimum imprisonment called for by law. Based on the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules), alternative measures should be considered, such as suspended sentences and probation. The possibility of suspending sentences seems to be desired by many judges, firstly because of its deterrent and therefore preventive effect (if the accused repeats his offence, he must serve the first and second prison terms non-concurrently; and secondly, in order to avoid the risk of overcrowding in the prisons. If fines were to be allowed for the same reason, the law should stipulate that the judge must take into account the standard of living of the convicted person. The Government does not rule out the possibility of such provisions being introduced in the draft reform of the Code of Criminal Procedure. A similar initiative could be envisaged while a sentence is being served, based on probation: a prisoner who has been on good behaviour and who shows a clear willingness to re-adapt can, after serving a significant part of his term (for example, at least one half), enjoy a measure of freedom, as long as he fulfils certain obligations (for example, not frequenting a given place or person, reporting periodically to the police, or compensating the victim. Such an initiative could also be taken as part of the draft reform of the Criminal Code; (Paragraph 54)
Please note that the language may have been edited in places for the purpose of clarity.
(E/CN.4/1997/4/Add.3)
Country visit: 17 October to 22 October 1994
Report published: 13 June 1996