Juvenile Laws at Guinea
Guinea's juvenile justice system has undergone several reforms aimed at aligning with international standards, though challenges persist in its implementation.
Key Legal Frameworks:
Children's Code (Act No. L/2008/011/AN of 19 August 2008):
Establishes comprehensive rights and protections for minors, including provisions for their care, protection from exploitation, and mandatory education.
Criminal Code and Code of Criminal Procedure:
Define the legal processes and penalties applicable to juvenile offenders.
Act No. 22/AL/77 of 20 October 1997:
Introduced specialized juvenile courts and judges to handle cases involving minors.
Recent Reforms:
2015 Judicial Reforms:
Established exceptional juvenile courts as part of broader justice system reforms.
2016 Criminal Code Revision:
Raised the age of criminal responsibility from 10 to 13 years, stipulating that offenders under 13 are subject to supervision rather than punitive measures.
Challenges in Implementation:
Lack of Specialized Facilities:
Absence of dedicated juvenile detention centers; minors are often held in adult prisons, sharing facilities with adults, which poses significant risks.
Limited Access to Legal Representation:
Shortage of state-appointed lawyers specializing in juvenile cases leads to inadequate legal support for minors.
Inconsistent Application of Non-Custodial Measures:
Despite legal provisions favoring alternatives to detention, such as mediation and community service, these measures are seldom implemented, resulting in minors being incarcerated for minor offenses.
Ongoing Efforts:
Organizations like Terre des hommes (Tdh) and local NGOs such as Sabou-Guinée are actively working to promote restorative justice approaches. They collaborate with law enforcement and judicial authorities to encourage non-custodial measures and provide mediation services, aiming to reduce the incarceration of minors and support their reintegration into society.
While Guinea has established a legal framework for juvenile justice, effective implementation remains a work in progress, necessitating continued reforms, resource allocation, and training to ensure that minors receive fair treatment and opportunities for rehabilitation.
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