Children in Conflict with the Law

The Problem

Every day in countries around the world, IBJ steps in to defend the rights of children in conflict of the law. UNICEF estimates that 1 million children are detained each year but the true number is likely much higher, given poor record keeping in prisons in many countries. The effect of incarceration on the lives of children is catastrophic – removing them from education and from their families, and often creating lifelong trauma. Without due process, most of these children will languish in detention while awaiting trial, sometimes for years, lost in broken justice systems.

Offenses often committed by children, such as begging or minor theft, are petty crimes that should not result in prison time. In many countries, minor offences such as the possession of alcohol or tobacco, or the violation of truancy and curfew laws, systemically land children in jail. Sadly, these kinds of laws disproportionately affect children who are poor, homeless or mentally ill, as well as children who have been trafficked for sex work. Adults, too, often exploit marginalized children to commit crimes. This criminalization of the misfortune of children imperils their already desperate fight for survival. Under the auspices of immigration control, migrant children are also excessively detained, frequently for extended periods of time. There is also evidence that children belonging to minority religious or ethnic groups are more likely to be incarcerated.

Children’s fundamental rights and freedoms are violated in jail and prison environments; their physical and mental development suffers from the effects of overpopulation, malnutrition, rampant infectious diseases, trauma, torture, poor sanitary conditions, and limited or nonexistent access to health care and education. Tragically, the sexual abuse of children by police, other detainees and staff also often occurs in detention facilities. Perversely, imprisonment is often disguised under the cloak of treatment or support.

A worrying practice in many countries is that teenage children are often tried as adults, due to systemic flaws in the juvenile justice process. This is made worse in countries where identity documents, such as birth certificates, are hard to obtain.

IBJ Solution

IBJ’s preventative model works to ensure that all juvenile accused have access to competently trained legal representation at the earliest possible stage. This helps guarantee that children accused of crimes will be given their due process rights under the law.

Key areas of IBJ’s work on behalf of juveniles are described below.

Training lawyers to defend juveniles

IBJ provides juvenile defense training to lawyers around the world. For example, in China, IBJ has trained both Chinese and Mongolian lawyers on such issues as, trial preparation of juveniles, dealing with false confessions, and cross-examination of juveniles. 95% of participants in IBJ’s specialized training in China have confirmed they are better able to represent their juvenile clients as a result. In Burundi, in partnership with the Burundi bar association, IBJ training on defense strategies for children in conflict with law has been attended by lawyers and IBJ youth justice champions and led by senior lawyers with decades of experience in protecting juvenile rights.

Representing juveniles at trial

IBJ-trained defenders around the world represent juveniles daily. For instance, IBJ’s team in the DRC represents incarcerated children on an ongoing basis and has determined that as many as 62% of their juvenile clients have been wrongly accused or placed in unjustified detention. Li, an IBJ criminal defense attorney from Fujian Province, provides an illustrative example of work to defend children in conflict with the law. Li regularly conducts independent investigations and collects evidence to help defend her juvenile clients, often resulting in their charges being dropped. Li shares her sense of pride in her work:

“I am most proud of the trust I have earned from my clients, as well as praise for my work from both prosecutors and judges. Prosecutors and judges are willing to listen to me because of my careful drafting of defense statements and my thorough analysis of disputed points. My young clients treat me not only as a lawyer but as a friend, and stay in touch with me, allowing me to watch them grow alongside them.” -Li

Raising awareness around juvenile justice

To help bring about systemic level change, IBJ conducts widespread awareness-raising on the rights of juvenile accused. For example, in the DRC, IBJ’s sister organization, DRCBJ, partnered with Bukavu’s tribunal for youth and the prisons themselves to hold a seminar on the legal rights of juveniles for an audience of juvenile detainees. More than 50% of these juveniles stated that they had experienced some form of physical or sexual abuse during their incarceration. DRCBJ gave these youth the option to request legal aid and has provided many of them with legal assistance.

In China, one of IBJ’s JusticeMaker Fellows has promoted juvenile justice awareness by writing up and sharing juvenile case summaries, producing annual reports on juvenile justice, and holding legal awareness seminars on juvenile justice with the general public and lawyers. One of her online publications about issues pertaining to incarcerated children has reached over 5 million people. Her work has resulted in a team of pro bono lawyers willing to defend juveniles.

Changing laws and practices to protect juveniles

IBJ works with authorities to put in place better practices and regulations concerning youth in conflict with the law, including: finding alternatives to incarceration for youth, reducing pre-trial detention for juveniles, and improving detention facilities for youth. As a result of IBJ’s work on juvenile justice in China and our cooperation with the Chinese Ministry of Justice, in 2012, the Chinese Criminal Procedure was amended to included several provisions specifically advocated by IBJ; these included requiring juvenile suspects to be accompanied by an “appropriate adult” throughout the course of legal proceedings, excluding the admissibility of illegally obtained evidence, expanding the role of defense attorneys at early stages of a case, and developing procedures for special juvenile cases. All of these developments are crucial to securing juvenile’s rights in the judicial system and now impact millions of youth in China.

Partnering with the police and detention facilities

To best serve detained children, in every country where we are present, IBJ works closely with the police and detention/prison officials. For example, in Burundi, IBJ’s sister organization, BBJ, tracks arrests in real-time through a partnership with Judicial Police Headquarters, which often notifies BBJ when an arrest is made and permits a lawyer to be dispatched to the holding cell before police are can interrogate the detainee. This kind of access is crucial, as it allows IBJ to inform juvenile detainees of their legal rights and prevents interrogative torture in detention. As a result of this sort of cooperation, in countries around the world, many juvenile detainees are immediately released from police lock ups and prisons once IBJ intervenes to protect their rights.