- Harmonization of this law with the spirit and the letter of the United Nations
Convention on the Rights of the Child which recommends the relaxing of the
criminal justice relative to child delinquents.
137. Among the measures introduced by the Child Protection Code promulgated
by the law n° 95-92 of 9th November 1995, relative to the publication of the Child
Protection Code can be cited:
- The institution of a presumption of indisputable innocence on the basis of
which the child, aged less than 13, could not have broken the penal law (Article
68);
- The prohibition of placing a child aged less than 15 and accused of having
committed an infringement or an offense, in remand. Remand is only conceivable
if it appears indispensable or if it is impossible to take other measures (Article 94
of the C.P.C.).
138. The transfer of supervision on the prison institutions and their administration
from the Ministry of the Interior to the Ministry of Justice and Human Rights under
the terms of the law n° 2001-51 of 3rd May 2001 relative to the prison officers and
to re-education.
139. The promulgation of the law n° 2001-52 of 14th May 2001, on the
organization of the prisons, is in keeping with the meaning of a more rational
organization of the conditions of detention in the prison establishments and the
guarantee of the rights of detainees, in order to facilitate their re-integration into
society. The provisions of this new law which repeals the Decree n° 88-1876 of
4th November 1988 are in conformity with the relevant international conventions.
This new law consolidates the guarantees for the protection of the rights of
detainees, by regulating their rights and responsibilities with precision (medical
check up, hygiene, reading, preservation of family links…) on which subject they
are informed in order to guarantee their dignity and physical integrity and to
preclude all abuse. This law also provides for the preparation of the detainees for
post prison life, by allowing them to engage in remunerated employment the
proceeds from which would be paid to them as of right, in conformity with the
provisions of the International Convention on Civil and Political Rights, and the
monitoring of a rehabilitation programme consisting of two training sessions,
crowned by the delivery of certificates, giving them the opportunity of learning a
profession which would enable them, once free, to take care of their needs and to
avoid falling back into delinquence.
By virtue of this new law, the pregnant and breastfeeding mothers will benefit
from medical, social and even psychological care. In any case, the penalty
application Judge must inform the family Judge about the cases of women
accompanied by their children that have to be monitored by him.
140. The establishment of the principle of the responsibility of the State in the
damages caused by the application of justice and this through the promulgation of
the law n° 2002-94 of 29th October 2002 relative to the compensation of the
individuals who have been subjected to provisional detention or to a conviction
and whose innocence had been proven.
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