CCPR/C/GC/32
Page 13
principle, not entitled to the free assistance of an interpreter if they know the official language
sufficiently to defend themselves effectively.87
41.
Finally, article 14, paragraph 3 (g), guarantees the right not to be compelled to testify
against oneself or to confess guilt. This safeguard must be understood in terms of the absence of
any direct or indirect physical or undue psychological pressure from the investigating authorities
on the accused, with a view to obtaining a confession of guilt. A fortiori, it is unacceptable to
treat an accused person in a manner contrary to article 7 of the Covenant in order to extract a
confession.88 Domestic law must ensure that statements or confessions obtained in violation of
article 7 of the Covenant are excluded from the evidence, except if such material is used as
evidence that torture or other treatment prohibited by this provision occurred,89 and that in such
cases the burden is on the State to prove that statements made by the accused have been given of
their own free will.90
VI. JUVENILE PERSONS
42.
Article 14, paragraph 4, provides that in the case of juvenile persons, procedures should
take account of their age and the desirability of promoting their rehabilitation. Juveniles are to
enjoy at least the same guarantees and protection as are accorded to adults under article 14 of the
Covenant. In addition, juveniles need special protection. In criminal proceedings they should, in
particular, be informed directly of the charges against them and, if appropriate, through their
parents or legal guardians, be provided with appropriate assistance in the preparation and
presentation of their defence; be tried as soon as possible in a fair hearing in the presence of legal
counsel, other appropriate assistance and their parents or legal guardians, unless it is considered
not to be in the best interest of the child, in particular taking into account their age or situation.
Detention before and during the trial should be avoided to the extent possible.91
43.
States should take measures to establish an appropriate juvenile criminal justice
system, in order to ensure that juveniles are treated in a manner commensurate with their age. It
is important to establish a minimum age below which children and juveniles shall not be put on
trial for criminal offences; that age should take into account their physical and mental
immaturity.
44.
Whenever appropriate, in particular where the rehabilitation of juveniles alleged to
have committed acts prohibited under penal law would be fostered, measures other than criminal
proceedings, such as mediation between the perpetrator and the victim, conferences with the
family of the perpetrator, counselling or community service or educational programmes, should
be considered, provided they are compatible with the requirements of this Covenant and other
relevant human rights standards.
87
Idem.
Communications No. 1208/2003, Kurbonov v. Tajikistan, paras. 6.2 – 6.4; No. 1044/2002, Shukurova
v. Tajikistan, paras. 8.2 – 8.3; No. 1033/2001, Singarasa v. Sri Lanka, para. 7.4; ; No. 912/2000, Deolall
v. Guyana, para. 5.1; No. 253/1987, Kelly v. Jamaica, para. 5.5.
89
Cf. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, art.
15. On the use of other evidence obtained in violation of article 7 of the Covenant, see paragraph 6 above.
90
Communications No. 1033/2001, Singarasa v. Sri Lanka, para. 7.4; No. 253/1987, Kelly v. Jamaica,
para. 7.4.
91
See general comment No. 17 (1989) on article 24 (Rights of the child), para. 4.
88