These guidelines are designed to address recurring issues, ensuring that children receive justice that focuses on rehabilitation rather than just punishment.
A report from the Judiciary indicates that during the 2024/2025 period, 1,173 criminal cases involving children were presented to the courts, marking a decrease from 1,525 cases in the previous year.
To improve these guidelines, the Supreme Court convened legal stakeholders, sharing insights and discussing what areas to be prioritized.
The Vice President of the Supreme Court, Alphonse Hitiyaremye, explained that the guidelines aim to address the aspects that were not being handled appropriately.
'Because justice must work better, these guidelines were created to help judges and other institutions provide better justice for children, ensuring that when they face legal issues, the justice they receive is aimed at rehabilitation, not just punishment,' he said.
He added that, in delivering justice, judges must focus on reintegrating children into society with the goal of rehabilitating them.
Monique Mukamana, a child rights officer at NCDA in charge of protection and care reform programming, pointed out that children face many challenges in legal proceedings.
She noted that while children have certain legal rights, these are not always respected. Proper justice for children is a fundamental right.
Typically, a child's criminal responsibility begins between the ages of 14 and 17. However, Mukamana emphasized that children should not be treated the same way as adults in legal matters.
'The justice we give to a child aims to correct them, to help them change, not to punish them. It's justice that helps them understand their wrongdoing and guides them back to a better life where they can develop,' she said.
Mukamana further noted that some issues arise when children lack access to legal representation.
Other challenges include delays in the child's trial, the child not understanding the legal process, and not having a responsible adult to guide them through the process.
There are also instances where children are questioned by the police or prosecutors without proper attention to the fact that they are minors.
Often, they are not informed about the charges they face, do not have an adult with them, and their cases may not be properly followed up.
The law requires that a child should not be detained for more than five days before trial, and temporary detention should not exceed 15 days. However, these regulations are sometimes ignored.
Furthermore, to order the detention of a child, the crime they are charged with must carry a penalty of at least five years in prison.
Mukamana said, 'As child rights defenders, we want the law to be followed. If a child has committed a crime, the law should be applied accordingly. If they are temporarily detained, those 15 days should be respected, and if they need legal representation, it should be provided so they receive proper justice.'
Mukamana also stated that punishing children should not always mean imprisonment; they could also receive a suspended sentence.
The Rwanda Senate's Commission on Social Affairs and Human Rights recently evaluated the 2023-2024 report on the justice provided to children.
It revealed several issues, including the failure to appeal children's cases on time, the lack of preparation for trials, frequent postponements due to the absence of legal representatives, and the trial of children as adults when the crime occurred while they were still minors.
It was also noted that technology is sometimes used in trials, but children are not familiar with it. The report also highlighted concerns about how children are treated during their trials. Many children are coerced into confessing to crimes, with promises of immediate release or reduced sentences, and there are delays in trials for children held in custody.
Challenges faced by lawyers representing children
One lawyer, who has represented children for years, pointed out that one of the reasons these issues persist is because lawyers are paid very little.
He explained that individual lawyers assigned to represent children typically receive Frw 400,000, while those in law firms receive Frw 500,000. These lawyers are also required to travel to police stations when a child has been arrested, as they are obligated to represent the child.
He noted that the money they receive often runs out after travel expenses, leaving them demotivated, and sometimes they sign year-long contracts without any increase in their fees.
The President of the Rwanda Bar Association, Moïse Nkundabarashi, told IGIHE that there are plans to increase the number of lawyers representing children and raise their fees.
'We have been working with the Ministry of Justice for over 15 years to be able to represent as many children as possible. Each year, we handle between 5,000-8,000 cases of general legal assistance,' he noted.
'For children, we have seen an increase in cases each year, but the number of lawyers available remains the same because they are the ones we can afford. This means the work can sometimes become overwhelming. We are looking for ways to expand our capacity to ensure that every child who is incarcerated has a lawyer until their case reaches the appeals level,' added Nkundabarashi.
He also mentioned that there are ongoing discussions with UNICEF, which could result in the association gaining more resources to ensure all children are adequately represented.
Over 390 children incarcerated at Nyagatare Juvenile Correctional Facility
The Rwanda Correctional Service (RCS) reports that there are 395 children incarcerated at the Nyagatare Juvenile Correctional Facility, including 16 girls.
The facility offers nine years of basic education to help children continue their education, as well as vocational training in skills like carpentry, construction, tailoring, and hairdressing to support their reintegration after serving their sentences.
RCS also indicates that many of the children in detention committed crimes due to a lack of awareness of the law, poor living conditions in their families, child abuse, domestic violence, and other factors that push them toward criminal behavior.
The crimes most commonly committed by children include drug trafficking, theft, assault, sexual abuse, and homicide.
However, it is noted that when children are convicted and incarcerated, they often face mental health issues and unusual behavior, requiring ongoing counseling to help them regain their mental health and correct their negative mindset.
IGIHE
Source : https://en.igihe.com/news/article/what-reforms-should-be-implemented-to-improve-juvenile-justice
