The Lebanese Center for Human Rights has witnessed an increase in arbitrary decisions regarding Juveniles. CLDH condemns the blatant dismissal of the provisions of the law No 422/2002 on the protection of juveniles in conflict with the law or at risk by the judiciary in Lebanon which is being reflected in:
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The lack of psychological assessment of decisions issued in juvenile cases, and the focus on punishment instead of rehabilitation,
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The slow processing of the cases, and the non-compliance with the duration and rules of detention,
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Judges are unaware and negligent of the conditions in the detention facilities, or the risks faced by juveniles in detention centers,
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The preventative detention of minors in unequipped police stations,
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Law enforcement proceeds with investigations without the presence of a social worker, and the general prosecutor overlooks these actions and does not accuse them of failing their duties,
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The high rate of the release bail, which the minor or his family is unable to pay most of the time,
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Obliging minors to pay personal compensation as part of the bail. Accordingly, the bail is high in order to guarantee personal rights, noting that the minor is not responsible for civil compensation, but rather his guardian according to article 126 of the code of obligations and contracts, therefore, it is not permissible to raise the rate to guarantee personal compensation,
The Lebanese Center for Human Rights highlights the need for the judiciary to abide by the Law 422/2002 and the convention on the protection of the child that Lebanon ratified in the year of 1990.
The center also calls on judicial authorities to implement the alternative punishments detailed in law 422/2002 and law No. 138 on replacing punishment with social work and insists on the need to shift the focus on the rehabilitation of juveniles which is the main objective of the promulgation of Law 422/2002.
