Brussels, 09/03/2016 (Agence Europe) - In Strasbourg on Wednesday 9 March, MEPs adopted by 613 to 30 and 56 abstentions new measures to ensure that children suspected of or investigated for committing a crime are given a fair trial.
Agreement on the directive in question was reached informally with the Council in December. The directive recognises the right for any child to be helped by a lawyer and be accompanied by parent or guardian (or another suitable adult) during most of the proceedings, explains the EP.
The draft directive suggests a catalogue of rights and guarantees as a common European model for fair trials for children, explained the rapporteur, Caterina Chinnici (S&D, Italy), adding that they had reached a balance between the need to establish responsibility for an office and the need to take proper account of children's vulnerability and special needs.
The draft directive aims to guarantee that children can understand and follow the judicial procedure and prevent re-offending. The first consideration to be taken into account must always be the child's highest interest, explains the text. The directive includes the right for an individual assessment by qualified staff and a medical examination if the child is deprived of its liberty. The MEPs introduced a measure to ensure that minors always have access to a lawyer. Exceptions to this are only allowed if it is disproportionate given the circumstances of the case, or, in exceptional cases, in the pre-trial phase in the child's highest interest.
Under the directive, EU member states must also ensure that children are only imprisoned or deprived of liberty in some other way as a last resort and for the shortest possible appropriate time. Child detainees must be separated from adults, unless it is in the best interests. (Original version in French by Solenn Paulic)