The Human Rights and Civil Integration Committee deliberated and approved the Draft Law on Rehabilitation and Support of Juveniles in Conflict with the Law.

The Draft applies to minors under the age of 14 whose reasonable belief is that they have committed the crime envisaged under the Criminal Code.

The Draft envisages the establishment of the Center of Rehabilitation and Support of Juveniles in Conflict with the Law at the Justice Ministry, coordinating the rehabilitation and support procedures.

The system of the Rehabilitation and Support of Juveniles in Conflict with the Law shall unify: the Center itself, the Prosecution Office, the investigating bodies envisaged under part 1, Article 34 of the Criminal Procedure Code, the Agency for State Care and Assistance for (Statutory) Victims of Human Trafficking, as well as the Education, Science and Youth Ministry, LEPLs under its subordiation, and schools envisaged under subparagraph “p”, Article 2 of the Law on General Education.

The rehabilitation and support procedures of juveniles in conflict with the law shall include sundry stages: directing the juveniles to the Center by the Prosecutor; estimation of the condition and individual needs of the juvenile; enrollment of the juveniles in respective services/programs and/or their direction to the respective services and monitoring of their participation; monitoring of the condition of juveniles after the services/programs; direction of the juveniles to the rehabilitation and support houses in cases under the law.

The total term of the participation of the juveniles in the services/programs determined by the decision of the multidisciplinary group shall be no less than one month and shall not exceed 12 months. The hereof term, when necessary, may be extended by no longer than 12 months each time by the multidisciplinary group.

In the event that the inclusion in the services/programs are not considered to have positive effects, requiring invasive methods, the juvenile shall be redirected to the rehabilitation and support house for his/her resocialization, rehabilitation and support, which will constitute no punitive measure.

Juveniles aged 10 to 18 who have committed a crime between the ages of 10 and 14 will be admitted to the rehabilitation and support house. The redirection of juveniles to the rehabilitation and support house shall be implemented upon the availability of the direct legal basis.

The redirection of juveniles to the rehabilitation and support house shall be based on the Court's discretion. The redirection of juveniles to the rehabilitation and support house shall be admissible for a term of six months. The hereof term, when necessary, may be extended by no longer than 6 months each time by the multidisciplinary group.

As the reporter, Chair of the Committee, Rati Ionatamishvili noted, the positive obligation of the state is to enhance the support component when it concerns the juveniles in conflict with the law, especially if they are under 14.

“We shall admit that we encounter acute challenges in this direction and it is necessary for the state to fulfill its positive role under the human rights protection and the standards of the UN Convention on the Rights of the Child”, - he stated.