8
13.3 Juveniles under detention pending trial shall be entitled to all rights and guarantees of
the Standard Minimum Rules for the Treatment of Prisoners adopted by the United Nations.
13.4 Juveniles under detention pending trial shall be kept separate from adults and shall be
detained in a separate institution or in a separate part of an institution also holding adults.
13.5 While in custody, juveniles shall receive care, protection and all necessary individual
assistance-social, educational, vocational, psychological, medical and physical-that they may
require in view of their age, sex and personality.
Commentary
The danger to juveniles of "criminal contamination" while in detention pending trial must not
be underestimated. It is therefore important to stress the need for alternative measures. By
doing so, rule 13.1 encourages the devising of new and innovative measures to avoid such
detention in the interest of the well-being of the juvenile.
Juveniles under detention pending trial are entitled to all the rights and guarantees of the
Standard Minimum Rules for the Treatment of Prisoners as well as the International Covenant
on Civil and Political Rights, especially article 9 and article 10, paragraphs 2 ( b ) and 3.
Rule 13.4 does not prevent States from taking other measures against the negative influences
of adult offenders which are at least as effective as the measures mentioned in the rule.
Different forms of assistance that may become necessary have been enumerated to draw
attention to the broad range of particular needs of young detainees to be addressed (for
example females or males, drug addicts, alcoholics, mentally ill juveniles, young persons
suffering from the trauma, for example, of arrest, etc.).
Varying physical and psychological characteristics of young detainees may warrant
classification measures by which some are kept separate while in detention pending trial, thus
contributing to the avoidance of victimization and rendering more appropriate assistance.
The Sixth United Nations Congress on the Prevention of Crime and the Treatment of
Offenders, in its resolution 4 on juvenile justice standards, specified that the Rules, inter alia ,
should reflect the basic principle that pre-trial detention should be used only as a last resort,
that no minors should be held in a facility where they are vulnerable to the negative influences
of adult detainees and that account should always be taken of the needs particular to their
stage of development.
Part three
ADJUDICATION AND DISPOSITION
14. Competent authority to adjudicate
14.1 Where the case of a juvenile offender has not been diverted (under rule 11), she or he
shall be dealt with by the competent authority (court, tribunal, board, council, etc.) according
to the principles of a fair and just trial.
14.2 The proceedings shall be conducive to the best interests of the juvenile and shall be
conducted in an atmosphere of understanding, which shall allow the juvenile to participate
therein and to express herself or himself freely.
Commentary
It is difficult to formulate a definition of the competent body or person that would universally
describe an adjudicating authority. "Competent authority" is meant to include those who