AI Index: ACT 76/04/98

JUVENILE JUSTICE:

every child's basic human right

The Universal Declaration of Human Rights - the cornerstone of international human rights protection - proclaims that children are entitled to ''special care and assistance''.

The Convention on the Rights of the Child (CRC) reaffirms this and sets out how the rights of every child can and should be protected. All but two countries - Somalia and the United States of America - have ratified the CRC.

In recent years, well-publicized cases of violent crimes by children have prompted calls for tougher measures against juvenile offenders. But the violence and abuse that children suffer at the hands of justice systems around the world remains largely ignored.

Children are tortured and ill-treated in police custody. They are detained in inhuman and degrading conditions. They are denied their right to fair trials. They are unlawfully detained and held as hostages. They are given sentences which disregard key principles of juvenile justice - the child's well-being and reintegration into society.

The best interests of the child should be a primary consideration. However, for the vast majority of children the reality is not rehabilitation and special care but punishment and greater marginalization.

All children in contact with the law have the right to all the safeguards and protections set out in international human rights standards. Promoting and protecting the rights contained in the CRC are an essential means for ending the cycle of vulnerability and abuse in which such children are caught.

This campaign aims to increase awareness of children's rights and juvenile justice. It seeks to encourage governments to ensure that their justice systems provide the protections guaranteed by the CRC.

Join the campaign.

AUSTRALIA

Jailed for being hungry

Front cover: An aboriginal girl tells an Amnesty International delegate of her fear of being arrested for being out late at night © AI

''If I can look white they'll let me go.''

Edith asking to borrow a youth worker's make-up

Edith (name changed) is a 13-year-old Aboriginal girl living in the Northern Territory, Australia. In 1997, when she was 12 years old, she was arrested for stealing food for herself and for other hungry and neglected children she was caring for, including a baby. She was kept overnight in an adult cell in the local police station and then released, but ordered to stay with relatives. When she broke the order, by running away to visit the baby in hospital and to see her family, she was repeatedly arrested and detained for two weeks in Don Dale in Darwin. Her case prompted the welfare authorities to start supplying emergency food to Edith's family.

Juvenile detention centre, Don Dale in Darwin © AI

In July 1998, Edith was sentenced to 21 days' imprisonment at Don Dale for stealing, and repeatedly breaching court orders. Don Dale, the only juvenile detention centre in the Northern Territory, is 1,500 kilometres from Edith's home, making it extremely difficult for her to maintain contact with her family. In August 1998 short-term juvenile holding cells for children awaiting court hearings were opened at her home town's Aboriginal youth refuge.

In many countries, poor children and those from indigenous and ethnic minorities are detained far more often than other children. Although Aboriginal children make up only one third of the child population of the Northern Territory, they constitute about 90 per cent of its juvenile detainees.

The Convention on the Rights of the Child protects the right of all child detainees to be held separately from adults and to maintain contact with family members. It also requires that children only be imprisoned as a last resort and only if the aim of the measure - the rehabilitation and social reintegration of the child - could not be achieved by other means.

Edith was clearly detained in violation of international standards.

Australia is a party to the Convention on the Rights of the Child. The authorities must take steps to make sure all children in Australia are treated equally before the law, without discrimination, and are able to enjoy the rights and protection they have been promised.

THE RIGHTS OF THE CHILD

The United Nations Convention on the Rights of the Child was adopted in 1989. By the end of 1997 it had been ratified by all countries except Somalia and the United States of America, although several countries have lodged reservations under articles 37 and 40 which deal specifically with juvenile justice. The Convention proclaims the rights which belong to every child without exception. It sets out to ensure that the administration of juvenile justice is carried out in the best interests of the child. The Convention defines all individuals below the age of 18 years as children, ''unless under the law applicable to the child, majority is attained earlier'' (Article 1).

ARTICLE 3

''In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.''

ARTICLE 37(b)

''The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time''

ARTICLE 37(c)

''Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances''

WHAT YOU CAN DO

Write to:

The Hon. Shane Stone

Chief Minister of the Northern Territory

GPO Box 4396

Darwin NT 0801

Australia

Call on the Northern Territory government to uphold Australia's commitment to the Convention on the Rights of the Child, in particular by ensuring children do not end up in jail for being hungry, do not suffer discrimination at the hands of the justice system, and are only detained as a last resort and then held separately from adults, in circumstances that allow them to maintain contact with their families.

Amnesty International is a worldwide voluntary human rights movement that campaigns for the release of prisoners of conscience, fair trials for political prisoners, and an end to torture, the death penalty, ''disappearances'' and political killings all over the world. Amnesty International works impartially to promote all the human rights enshrined in the Universal Declaration of Human Rights and other international standards.

For more information about Amnesty International and our campaign to increase awareness of

children's rights and juvenile justice, contact

Amnesty International in your country or write to:

Amnesty International, International Secretariat, 1 Easton Street, London, WC1X 8DJ,

United Kingdom.

http://www.amnesty.org

BULGARIA

Romani children beaten by police

Front cover: Shukri Aliev © AI

''I don't know what I did to deserve such pain and suffering... I am not guilty for being born a Rom.''

Rossen Valentinov Alekov, a 15-year-old Romani boy from Shuman

Eleven-year-old Shukri Aliev was beaten by police officers and pushed to the ground as he was helping his uncle to bring home their flock of sheep. He was later treated for a broken finger and injuries to his forehead, nose and temple.

Asan Aliev Sherifov, aged 15, was also reportedly beaten with truncheons and kicked by the officers during the same raid. He suffered lacerations on his shins and bruises on his left arm and elbow.

The attack took place at around 7pm on 10 July 1998. Some 80 police officers wearing helmets and shields raided 15 Romani houses in the village of Mechka, in the Pleven region of Bulgaria. More than 30 men, women and children were reportedly beaten indiscriminately, and doors, windows and furniture were smashed. According to reports, the police did not present search warrants, entered the houses by force and used racist language. The Bulgarian authorities have yet to bring to justice those responsible for these actions.

In March 1998, three Romani teenagers from Shumen were arrested in Varna and reportedly beaten in the car on the way to the police station. When they reached the Varna Third Regional Police Department they were reportedly punched and beaten with a wooden baton by police officers.

Fifteen-year-old Rossen Valentinov Alekov lost consciousness. Police officers reportedly splashed him with water until he revived and then continued to beat him.

Many of the victims of torture and ill-treatment at the hands of the Bulgarian police have been from the large Romani minority. Children have been among the victims. Over the years successive governments have failed to take measures to ensure that allegations of ill-treatment and torture are investigated promptly and impartially and that those found responsible are brought to justice.

The Convention on the Rights of the Child prohibits the torture or other cruel, inhuman or degrading treatment or punishment of children. Governments are obliged to respect and uphold all the rights set out in the Convention without discrimination of any kind, including race and ethnic or social origin.

The treatment of Shukri Aliev, Asan Aliev and Rossen Valentinov Alekov violates international law.

Bulgaria is a party to the Convention on the Rights of the Child. The authorities must urgently take steps to make sure all children in Bulgaria are protected from torture and ill-treatment and are able to enjoy the rights and protection they have been promised.

THE RIGHTS OF THE CHILD The United Nations Convention on the Rights of the Child the Child was adopted in 1989. By the end of 1997 it had been ratified by all countries except Somalia and the United States of America, although several countries have lodged reservations under articles 37 and 40 which deal specifically with juvenile justice. The Convention proclaims the rights which belong to every child without exception. It sets out to ensure that the administration of juvenile justice is carried out in the best interests of the child. The Convention defines all individuals below the age of 18 years as children, ''unless under the law applicable to the child, majority is attained earlier'' (Article 1). ARTICLE 2 ''States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.'' ARTICLE 3 ''In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.'' ARTICLE 37(a) ''No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment.''

Write to:

Prime Minister Ivan Kostov

Council of Ministers

Blvd Dondukov 1, 1194 Sofia

Bulgaria

Bogomil Bonev

Minister of the Interior

6 Septemvri 29, 1000 Sofia

Bulgaria

Call on the government of Bulgaria to uphold its commitment to the Convention on the Rights of the Child, in particular by launching prompt, impartial and thorough investigations into allegations of discriminat-ion and ill-treatment by police against Shukri Aliev, Asan Aliev Sherifov and Rossen Valentinov Alekov, making the findings public and bringing anyone found responsible to justice.

Amnesty International is a worldwide voluntary human rights movement that campaigns for the release of prisoners of conscience, fair trials for political prisoners, and an end to torture, the death penalty, ''disappearances'' and political killings all over the world. Amnesty International works impartially to promote all the human rights enshrined in the Universal Declaration of Human Rights and other international standards.

For more information about Amnesty International and our campaign to increase awareness of

children's rights and juvenile justice, contact

Amnesty International in your country or write to: Amnesty International, International Secretariat,

ain 1 Easton Street, London, WC1X 8DJ,

United Kingdom.

http://www.amnesty.org

INDONESIA

Paris Pangaribuan- death in police custody

Front cover: A 13-year-old boy searches through the main rubbish tip in Jakarta, Indonesia's capital, for items to sell, August 1998 © AP

Sixteen-year-old boy dies in custody

''Our adults still neglect to recognize the value and dignity of their children''

Damanhuri Rosadi, Head of the Forum of Communication for Children's Cultivation and Development, quoted in The Jakarta Post, 19 July 1998

Paris Pangaribuan, a 16-year-old street child, was arrested in February 1996 in Medan, North Sumatra. He was convicted of petty theft and sentenced to seven months in prison in Tanjung Gusta Children's Prison. On the night of 20 June 1996, Paris was found sprawled on the floor of his cell vomiting blood. He was admitted to a government hospital for treatment but he died six days later.

There are concerns that Paris died because he was ill-treated by police and because the injuries he suffered, which were ignored by prison staff, went untreated. A fellow inmate claimed that Paris had been denied medical assistance when he vomited blood on several previous occasions. Paris' mother said that he had complained of pains in his chest, back and shoulder after being beaten by police officers. Paris was never accompanied by a lawyer, or by his parents, during his interrogation by police, in violation of Indonesian law.

Police officers in Patumbak have denied that Paris was ill-treated while in police custody, and police officers and prison officials deny any involvement in his death. Paris' parents claim that they were asked by the prison to sign a statement saying that they would not seek legal action against the prison for their son's death. It is now more than two years since Paris died, but no full and independent investigation has been initiated into his death.

Juvenile detainees in Indonesia remain at risk of human rights violations because both in practice and in law their rights are not adequately protected. They are not guaranteed even the most basic rights which they have been promised.

The Convention on the Rights of the Child safeguards the basic human rights of children who come into contact with the law, such as the right to legal defence, the right to medical treatment and the right not to be subject to torture or ill-treatment. Paris Pangaribuan appears to have been denied these basic human rights.

Indonesia ratified the Convention on the Rights of the Child (CRC), with reservations, in 1990. The United Nations Committee on the Rights of the Child has raised concerns about Indonesia's reservations to the CRC, the excessive use of force by the security forces against youths, and the fact that the administration of juvenile justice does not conform with the CRC.

The Indonesian authorities must urgently take steps to make sure all children in Indonesia are protected from cruel, inhuman and degrading treatment and are able to enjoy the rights and protection they have been promised.

THE RIGHTS OF THE CHILD The United Nations Convention on the Rights of the Child was adopted in 1989. By the end of 1997 it had been ratified by all countries except Somalia and the United States of America, although several countries have lodged reservations under articles 37 and 40 which deal specifically with juvenile justice. The Convention proclaims the rights which belong to every child without exception. It sets out to ensure that the administration of juvenile justice is carried out in the best interests of the child. The Convention defines all individuals below the age of 18 years as children, ''unless under the law applicable to the child, majority is attained earlier'' (Article 1). ARTICLE 3 ''In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.'' ARTICLE 24 ''States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services.'' ARTICLE 37(a) ''No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment.''

Write to:

Prof. Dr. Muladi SH

Minister of Justice

Menteri Kehakiman

Jl. H.R. Rasuna Said Kav. 6-7

Kuningan

Jakarta Selatan

Indonesia

Call on the government of Indonesia to uphold its commitment to the Convention on the Rights of the Child, in particular by conducting a full and impartial investigation into the circumstances surrounding the death of Paris Pangaribuan and bringing those found responsible to justice.

Amnesty International is a worldwide voluntary human rights movement that campaigns for the release of prisoners of conscience, fair trials for political prisoners, and an end to torture, the death penalty, ''disappearances'' and political killings all over the world. Amnesty International works impartially to promote all the human rights enshrined in the Universal Declaration of Human Rights and other international standards.

For more information about Amnesty International and our campaign to increase awareness of

children's rights and juvenile justice, contact Amnesty International in your country or write to:

Amnesty International, International Secretariat, 1 Easton Street, London, WC1X 8DJ,

United Kingdom.

http://www.amnesty.org

ISRAEL/SOUTH LEBANON

Schoolboy detained without charge or trial and tortured

Front cover: 'Ali Mustafa Tubeh © Private

Schoolboy 'Ali Mustafa Tubeh was only 14 years old when he was arrested in October 1997. He was taken to Khiam Detention Centre where he has been detained without charge or trial for over a year. Conditions in Khiam are harsh. Released detainees have frequently described being tortured after arrest and ill-treated.

According to reports 'Ali Tubeh was arrested by members of the Israeli security forces shortly after his father, Mustafa Jawad Tubeh, was arrested in their home village of Arnun inside Israel's self-styled ''security zone'' in South Lebanon.

Entrance to Khiam Detention Centre © Al Hayat

Until July 1998, 'Ali Tubeh was unable to receive visits from his family outside the prison, or from the International Committee of the Red Cross. His mother, Zeinab Nasser, managed to see him three times while she was also detained in Khiam during October and November 1997. He told her that he had been tortured, that he had been made to sit in a container of water which was connected to an electrical supply, and that he had been beaten on the head. He is currently held on his own in a cell which he can leave for only two hours a day.

The Khiam Detention Centre is located in an area of south Lebanon which is controlled by the Israeli Defence Forces and the South Lebanon Army (SLA), a Lebanese militia armed and supported by Israel. Over 100 Lebanese detainees, including children, are currently held in Khiam without charge or trial. They have no legal status and Amnesty International believes they are being held as hostages in exchange for information about Israeli soldiers missing in action. The SLA runs the prison with the cooperation of Israel.

The Convention on the Rights of the Child prohibits the unlawful or arbitrary detention of juveniles, torture and ill-treatment. The treatment of 'Ali Mustafa Tubeh violates these fundamental rights.

Israel is a party to the Convention on the Rights of the Child. It must urgently take steps to make sure children are not tortured or ill-treated, or detained without charge or trial by its security forces, or by those security forces which it arms and supports, and that all children are able to enjoy the rights and protection they have been promised.

THE RIGHTS OF THE CHILD The United Nations Convention on the Rights of the Child was adopted in 1989. By the end of 1997 it had been ratified by all countries except Somalia and the United States of America, although several countries have lodged reservations under articles 37 and 40 which deal specifically with juvenile justice. The Convention proclaims the rights which belong to every child without exception. It sets out to ensure that the administration of juvenile justice is carried out in the best interests of the child. The Convention defines all individuals below the age of 18 years as children, ''unless under the law applicable to the child, majority is attained earlier'' (Article 1). ARTICLE 37(a) ''No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment.'' ARTICLE 37(b) ''The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time'' ARTICLE 40 (2) ''Every child alleged as or accused of having infringed the penal law has at least the following guarantees: To be informed promptly and directly of the charges against him or her, and, if appropriate, through his or her parents or legal guardians, and to have legal or other appropriate assistance in the preparation and presentation of his or her defence'' (ii) To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law'' (iii)

Write to:

General Antoine Lahad

South Lebanon Army

c/o Lieutenant-General Shaul Mufaz

Chief of General Staff

7 'A' Street, Hakirya

Tel Aviv, Israel

Prime Minister Binyamin Netanyahu

Office of the Prime Minister

3 Kaplan Street, Hakirya

Jerusalem 91007, Israel

Call on the Israeli authorities and the SLA to promote and protect the rights set out in the Convention on the Rights of the Child, in particular by ensuring that no children in their custody are denied due process or family visits, and ending torture, ill-treatment and detention without charge or trial.

Amnesty International is a worldwide voluntary human rights movement that campaigns for the release of prisoners of conscience, fair trials for political prisoners, and an end to torture, the death penalty, ''disappearances'' and political killings all over the world. Amnesty International works impartially to promote all the human rights enshrined in the Universal Declaration of Human Rights and other international standards.

For more information about Amnesty International and our campaign to increase awareness of

children's rights and juvenile justice, contact

Amnesty International in your country or write to:

Amnesty International, International Secretariat,

1 Easton Street, London, WC1X 8DJ, United Kingdom. http://www.amnesty.org

MALAWI

Children held in overcrowded and insanitary conditions

Front cover: Children crammed into the compound at Zomba Central Prison © Penal Reform International

''The inspectorate noted with shock that incidents of scabies, especially among juveniles, were quite common.''

Supreme Court Justice, D.G. Tambala, Chairman of the Inspectorate of Prisons

Around 180 boys aged between 12 and 18 are held in Zomba Central Prison in Malawi. Some are detained awaiting trial. Others are serving prison sentences. Some have been imprisoned for minor offences, such as stealing food.

Juvenile inmates in Zomba Central Prison are crammed into four communal cells in a separate area of the prison. The cells open out onto a compound 100 yards long by 10 yards wide, enclosed by high brick walls. Overcrowding and lack of basic hygiene facilities are putting the health of these children at risk.

Many of the children suffer from scabies, lice and fleas © Penal Reform International

When Amnesty Interna-tional delegates visited the prison in November 1996, they found large mounds of faeces in the open-air toilets. The only water supply was a single tap that trickled slowly and there was evidence of an epidemic of scabies, lice and fleas. Many of the boys were suffering from infected sores.

Immediately after the visit, conditions improved. Local and international non-governmental organizations helped to install new showers and toilets and the United Nations Children's Fund (UNICEF) supplied medicines to cure the epidemic. However, overcrowding, water shortages and a lack of clean clothing and soap have once again led to an outbreak of scabies among the children. The report to parliament by the Malawi Inspectorate of Prisons for 1996/1997 noted that Zomba Central Prison had very unhygienic conditions which made juveniles susceptible to common infectious diseases.

The Convention on the Rights of the Child requires that children only be imprisoned as a last resort and reiterates the right of children to freedom from cruel, inhuman or degrading treatment and to conditions of detention which conform to international standards.

The conditions in Zomba Central Prison violate international standards and constitute cruel, inhuman and degrading treatment or punishment.

Malawi ratified the Convention on the Rights of the Child in 1991. The authorities must urgently take steps to make sure all children in Malawi, including those in custody, are protected from ill-treatment and are able to enjoy the rights and protection they have been promised.

THE RIGHTS OF THE CHILD The United Nations Convention on the Rights of the Child was adopted in 1989. By the end of 1997 it had been ratified by all countries except Somalia and the United States of America, although several countries have lodged reservations under articles 37 and 40 which deal specifically with juvenile justice. The Convention proclaims the rights which belong to every child without exception. It sets out to ensure that the administration of juvenile justice is carried out in the best interests of the child. The Convention defines all individuals below the age of 18 years as children, ''unless under the law applicable to the child, majority is attained earlier'' (Article 1). ARTICLE 24 ''States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services.'' ARTICLE 37(c) ''Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age.'' ARTICLE 40 (4) ''A variety of dispositions, such as care, guidance and supervision orders; counselling; probation; foster care; education and vocational training programmes and other alternatives to institutional care shall be available to ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offence.''

Write to:

Hon. Melvyn Moyo

Minister of Home Affairs

Ministry of Home Affairs

PO Box 331, Lilongwe 3

Malawi

lt1 Chief Commissioner of Malawi Prison Service, Prisons Headquarters

PO Box 28

Zomba, Malawi

Express concern about the cruel, inhuman and degrading conditions in which children are held in Malawi's prisons. Call on the government of Malawi to uphold its commitment to the Convention on the Rights of the Child in particular by ensuring that children are imprisoned only as a last resort, are held in conditions which conform to international standards, and have adequate access to education, exercise and medical treatment.

Amnesty International is a worldwide voluntary human rights movement that campaigns for the release of prisoners of conscience, fair trials for political prisoners, and an end to torture, the death penalty, ''disappearances'' and political killings all over the world. Amnesty International works impartially to promote all the human rights enshrined in the Universal Declaration of Human Rights and other international standards.

For more information about Amnesty International and our campaign to increase awareness of

children's rights and juvenile justice, contact

Amnesty International in your country or write to: Amnesty International, International Secretariat, 1 Easton Street, London, WC1X 8DJ,

United Kingdom.

http://www.amnesty.org

UNITED STATES OF AMERICA

Juvenile offenders and the death penalty

Front cover: Sean Sellers

''I want people to know I have repented for what I have done, and if I could do something, anything, to change what has been, I would... I am very ashamed to die this way.''

Joseph Cannon

''I'm going to a better place. I hope the victim's family will forgive me, because I didn't mean to hurt or kill no one.''

Robert Carter

Robert Carter and Joseph Cannon were killed in Texas within 27 days of each other for crimes committed when they were 17 years old. They shared a common death, strapped down in the same room and injected with the same lethal chemicals.

Each of their childhoods was marked by serious abuse and deprivation. Both suffered from brain damage and limited intelligence. When they were put to death in 1998, many years after their crimes, the hopes raised by their efforts towards rehabilitation were extinguished.

The gurney in Huntsville, Texas, on which Robert Carter and Joseph Cannon were executed by lethal injection © AP

Since 1990, eight people have been executed in the USA for crimes committed when they were under 18. Such executions are allowed in 24 US states. More than 65 people are on death row for crimes committed when they were under 18.

Among them is Sean Sellers, who was sentenced to death in Oklahoma for three murders committed when he was 16. At the trial in 1986, the judge did not allow expert testimony on the developmental differences between children and adults to be presented to the jury. In 1998 a federal appeals court noted that Sean Sellers suffered from a serious mental condition which may have led him to commit his crimes, but still confirmed the sentence.

International human rights law bans the use of the death penalty for crimes committed by people under 18 years old. This is not an attempt to excuse violent juvenile crime, or to belittle the suffering of the victims, but a recognition that children are not yet fully mature - hence not fully responsible for their actions - and that there is greater scope for the rehabilitation of young offenders.

The USA stands virtually alone in the face of an international consensus that using the death penalty against children is wrong. It is one of only two countries in the world which have not ratified the Convention on the Rights of the Child. It continues to sentence juvenile offenders to death or life without the possibility of parole, both forbidden under the Convention.

The US government should urgently ratify the Convention. It should take steps to ensure that the death penalty is not applied to juvenile offenders and that children in the USA are able to enjoy the rights and protection all children have been promised.

THE RIGHTS OF THE CHILD The United Nations Convention on the Rights of the Child was adopted in 1989. By the end of 1997 it had been ratified by all countries except Somalia and the United States of America, although several countries have lodged reservations under articles 37 and 40 which deal specifically with juvenile justice. The Convention proclaims the rights which belong to every child without exception. It sets out to ensure that the administration of juvenile justice is carried out in the best interests of the child. The Convention defines all individuals below the age of 18 years as children, ''unless under the law applicable to the child, majority is attained earlier'' (Article 1). ARTICLE 6 (1) ''States Parties recognize that every child has the inherent right to life.'' ARTICLE 37(a) ''Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age'' ARTICLE 40 ''States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society.''

Write to:

President Bill Clinton

The White House

Office of the President

1600 Pennsylvania Avenue

Washington DC 20500

USA

Call on the authorities to grant Sean Sellers clemency and commute his death sentence. Call on the US government to ratify the Convention on the Rights of the Child urgently and without reservations, and to take steps to end the use of the death penalty for juvenile offenders pending

total abolition.

Amnesty International is a worldwide voluntary human rights movement that campaigns for the release of prisoners of conscience, fair trials for political prisoners, and an end to torture, the death penalty, ''disappearances'' and political killings all over the world. Amnesty International works impartially to promote all the human rights enshrined in the Universal Declaration of Human Rights and other international standards.

For more information about Amnesty International, about our campaign to increase awareness of children's rights and juvenile justice or about our campaign for Rights for all in the USA contact Amnesty International in your country or write to:

Amnesty International, International Secretariat, 1 Easton Street, London, WC1X 8DJ,

United Kingdom.

http://www.amnesty.org

VENEZUELA

Children tortured in detention

Front cover: Kevys Wilfredo Palmera

Children tortured and ill-treated

Kevys Wilfredo Palmera, aged 14, and Francisco Javier Beltrán, aged 17, were tortured by marines from the naval base in Cararabo, Apure State, reportedly in front of two health professionals, in March 1995.

The two boys were among a group of at least 24 people who were detained by Venezuelan marines in February 1995, following an attack by members of a Colombian armed opposition group. Juan Vicente Palmero, who was among those arrested, died reportedly under torture.

Francisco Javier Beltrán

Both boys were allegedly beaten and sustained fractures. A plastic bag was placed over Kevys Palmera's head and earth was used to block his nose and mouth so that he could not breathe. He was shown the body of Juan Vicente Palmero and told that he would suffer the same fate. Francisco Beltrán was burned with a torch. Both boys were severely affected by their experiences and have continued to suffer from depression and palpitations. No one appears to have been brought to justice for these abuses.

Jairo A. Carrasquel, aged 16, was arrested on suspicion of robbery in Guasdualito, Apure state, in February 1996. He was taken to the police headquarters where he was handcuffed and blindfolded, beaten repeatedly in the stomach and had a plastic bag put over his head. He was released after eight days.

His mother filed a complaint with the authorities about his torture and ill-treatment, but to Amnesty International's knowledge, no investigation has been conducted into the allegations.

The Convention on the Rights of the Child guarantees the right of children to freedom from torture and ill-treatment and to be treated in a way which promotes their sense of dignity and worth.

Children held in many Venezuelan detention centres are being denied these basic human rights.

Venezuela is a party to the Convention on the Rights of the Child. The authorities must urgently take steps to make sure that all children in Venezuela are protected from torture and ill-treatment and are able to enjoy the rights and protection they have been promised.

THE RIGHTS OF THE CHILD The United Nations Convention on the Rights of the Child was adopted in 1989. By the end of 1997 it had been ratified by all countries except Somalia and the United States of America, although several countries have lodged reservations under articles 37 and 40 which deal specifically with juvenile justice. The Convention proclaims the rights which belong to every child without exception. It sets out to ensure that the administration of juvenile justice is carried out in the best interests of the child. The Convention defines all individuals below the age of 18 years as children, ''unless under the law applicable to the child, majority is attained earlier'' (Article 1). ARTICLE 3 (3) ''States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision.'' ARTICLE 37(a) ''No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment.'' ARTICLE 40 (1) ''States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society.''

Write to:

Presidente de la República de Venezuela

Palacio de Miraflores

Caracas, Venezuela

Ministro de Justicia

Torre Norte - piso 25

Centro Simón Bolívar

Caracas, Venezuela

Call on the government of Venezuela to uphold its commitment to the Convention on the Rights of the Child, in particular by conducting a prompt, full and impartial investigation into the allegations of torture of Kevys Wilfredo Palmera, Francisco Javier Beltrán, and Jairo A. Carrasquel, making the findings public and bringing those responsible for the abuses to justice.

Amnesty International is a worldwide voluntary human rights movement that campaigns for the release of prisoners of conscience, fair trials for political prisoners, and an end to torture, the death penalty, ''disappearances'' and political killings all over the world. Amnesty International works impartially to promote all the human rights enshrined in the Universal Declaration of Human Rights and other international standards.

For more information about Amnesty International and our campaign to increase awareness of

children's rights and juvenile justice, contact Amnesty International in your country or write to:

Amnesty International, International Secretariat, 1 Easton Street, London, WC1X 8DJ, United Kingdom.

http://www.amnesty.org