381.Under Article 13 of Ordinance No. 62-038 it is stipulated that preventive detention
can only be a measure of last resort and its duration should be as short as possible.
382.The Malagasy legislation is in line with Article 17 of the ACRWC which advocates
for the separation of places of detention.
383.Thus, in its Article 29 Ordinance No. 62-038 of 19 September 1962 on the
protection of children states that: "In all institutions, juveniles shall be separated from
adults unless they are members of their families or if they participate with carefully
selected adults, in a special program of treatment that have certain advantages for
them. "
384.Similarly, under Article 7 of Act No. 2008-008 against torture and ill-treatment:
"Every person belonging to a vulnerable group, including minors and women must be
held separately and in suitable premises. "
385.This separation is effective in the 42 central prisons located in major cities and
where there are trial courts. The separation is not yet effective in safety houses in
regiona where there are no courts of first instance.
386. Efforts will be made to address this gap.
387.The inapplicability of the death penalty for juvenile offenders was covered under the
general principles section of this report, paragraph 134.
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