المملكة: The presence of the family and reducing the duration of the procedures… new rules to protect the child during the investigation

The Council of Ministers approved the “Muscat” document for the rules of Human Rights, and based on the recommendations of the Committee of Public Representatives and Prosecutors of the GCC States at its fifteenth meeting, and the recommendation of the Ministerial Council at its 158th session, in addition to the approval of the Supreme Council at its 44th session held in Doha. This integrated path confirms the keenness of the leaders of the GCC countries to give child protection a top priority, as it is the nucleus of society and the foundation of its future.

A binding legislative framework and continuous enhancement of protection

The document stipulates that the GCC countries will adopt child protection rules during the investigation stage as a mandatory basis within their national legislation, with their commitment to notify the General Secretariat of the legislation issued to implement these rules, and to work periodically to raise the level of protection provided to children, without prejudice to any national legislation that provides protection. Broader.

The document affirmed that the child enjoys all the rights established under local laws and regulations, while ensuring his protection without any discrimination on the basis of origin, gender, religion, or social status, stressing that the best interest of the child must be a priority in all procedures and decisions taken against him.

Protecting privacy and preventing abuse

The rules stressed the confidentiality of investigation procedures with children, as it is prohibited for non-specialists to view them except with official permission, It is also prohibited to publish or disclose any personal data or information related to the child. It stressed the need to take into account the psychological, physical and cognitive state of the child during the stages of investigation, while prohibiting the use of any methods of intimidation, coercion or inducement to obtain statements or confessions.

The rules obligated the competent authorities to provide an appropriate investigation environment that takes into account the psychological aspects of the child, and to reduce the duration of the investigation and complete it – as much as possible – in one session, while informing the child and his family of his rights and legal status in an understandable language that suits his level of awareness.

The document stressed The child’s right to seek the assistance of a lawyer during the investigation stage, to provide him with legal assistance, in addition to seeking the assistance of social or psychological specialists when needed, and to prepare comprehensive reports on his condition and behavior. It also stressed the importance of quickly deciding cases in which one of the parties is a child, in order to achieve justice without delay.

In the event that the child is not familiar with the language used or has special needs, the rules require the provision of a translator or specialist to help him understand and understand for free, while ensuring that he is able to fully express his words and rights.

Involving the family and ensuring communication

One of the most prominent provisions of the document is that the child’s parents or caregivers be empowered to Attending investigation sessions, unless the investigation requires otherwise, while ensuring the child’s right to communicate with his family at any time, and informing them of all procedures and results related to the case. It also required that those in charge of care be informed of any decisions or judgments issued against the child, while enabling him to initiate legal appeals.

The rules permitted audio and video recording of interrogations with children, and their conduct remotely using information technology means, with the possibility of recording only the recordings instead of the child’s presence whenever his interest so required, provided that he is not exposed to any psychological or physical harm.

Alternatives to detention and specialized care

The document stressed the importance of handing over the child after investigation to his guardian or a competent care authority, taking into account his condition when making any decision to detain or detain him, and studying the psychological and physical effects of that. It also required that detention facilities designated for children be completely separate from adult prisons, and prepared to suit their ages and health and psychological needs.

It stressed that members of public prosecutions should conduct periodic inspection visits to these facilities to verify compliance with standards, listen to children and receive their complaints, and take the necessary measures to ensure their safety.

The document called for the establishment of specialized units that include qualified personnel to deal with children, to receive reports and investigate any cases. Violations affecting their rights, while making it possible to report any danger threatening the child, and ensuring the confidentiality of the identity of the informant upon request, in a way that does not conflict with the interest of the child and justice.

It allowed – as an exception – for professionals subject to professional confidentiality to report any danger threatening the child during the exercise of their work, in order to enhance his protection from any potential harm.

Alternative paths and enhancing prevention

The document recognized the importance of activating alternative paths for trials in children’s cases. The document stressed the importance of qualifying and training members of public prosecutions and administrative and technical staff to deal professionally with children. According to the foundations of psychology and sociology, and in line with national laws and international agreements. It also called for the preparation of annual studies and statistics on child crimes and their effects, in a way that contributes to developing preventive policies and enhancing child protection, while maintaining the confidentiality of data.

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