VIOLENT, CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT IN CARE AND JUSTICE SYSTEMS

In Chile, the Juvenile Justice Law regulates specific aspects of the sanctions used when children are deprived of liberty. These measures are oriented toward the social reintegration of the adolescent in a free environment, including socio-educative programs for personal development. In relation to the order and security within centres of deprivation of liberty, the law provides that internal rules shall be compatible with the rights set forth in the Constitution, the Convention on the Rights of the Child, other international instruments ratified by Chile and the law. The law provides further that internal regulations will govern the exceptional and restrictive use of force, implying that it will only be used when there is no other alternative available and for the shortest period of time. Moreover, regulations must prohibit disciplinary measures such ascorporal punishment, detention in obscure cells, isolation or solitary confinement, as well as any other punishment that might put the mental or physical health of the adolescent in danger or might be deemed as cruel, inhumane or degrading.

In Indonesia, the Law No. 11/2012 (entered into force in 2014) is framed by the Convention on the Rights of the Child and addresses children as offenders, as victims and as witnesses of crimes. Status offences are decriminalized. The minimum age of criminal responsibility is raised from 8 to 12 and marital status no longer constitutes grounds for treating the child as an adult. Children’s right to legal counsel and other assistance and to access justice before an objective and impartial court and in closed proceedings is recognized, as is the right to humane treatment and freedom from torture and other inhuman, cruel and degrading treatment or punishment. Protection of privacy and confidentiality of the child’s identity in public media is guaranteed.

Recognizing the harmful effects of deprivation of liberty and the standards in the Convention on the Rights of the Child, the arrest, detention or imprisonment can be used only as a last resort and for the shortest possible time. Only specialized personnel can handle cases of children involved with the justice system. Police, prosecutors and judges are required to prioritize diversion and restorative justice in cases of an offence punishable with a sentence of imprisonment of up to a maximum of seven years and when the child is not a recidivist. The legislation provides a variety of sentencing options, including admonishment, non-institutional and institutional treatment, social services, supervision and vocational training.

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