CRC/C/MDG/3-4 - Office of the High Commissioner for Human Rights

606. The administration of justice to minors is governed by ordinance no. 62-038 of
19 September 1962.
607. Ordinance no. 62-038 assigns particular importance to the personal value and
dignity of the child.
608. A child suspected or accused of a criminal offence:
• Is presumed innocent until legally proven guilty. Consequently, newspapers are
forbidden from publishing photographs of a child involved in a criminal proceeding;
• Is informed as soon as possible of the charges brought against him or her, either
directly or through his or her parents, whose presence is required at his or her
hearing.
609. To gain an understanding of the minor’s personality and to protect the child’s
dignity, the ordinance provides that a social inquiry be conducted, that the information
remain confidential and that closed proceedings be held in the case of a crime or offence.
610. Malagasy penal legislation does not recognize the criminal responsibility of minors
under13 years of age. As a result, child-protection measures alone are taken for minors of
this age in cases in which a criminal offence is committed.
611. If the minor in trouble with the law is over 13 years of age and has been found
guilty, the extenuating circumstance of minority will be applied to the fullest.
612. For minors ages 16 to 18, the extenuating circumstance of minority may only be
overridden by the family court through a ruling stating specific grounds therefor.
613. Out of respect for the opinions and best interests of the child, minors are to be heard
at all phases of the proceedings. They may express their opinions freely, and all of the
family court judge’s rulings take into account the best interests of the child.
614. In the best interests of the child, article 581 of the Code of Criminal Procedure
prohibits the application to a minor of measures of physical restraint.
615. At all events, the Convention on the Rights of the Child is applicable pursuant to
article 132 (4) of the Constitution, which provides that “treaties and agreements that are
regularly ratified or approved have, upon publication, greater authority than that of laws
…”. Consequently, it may be invoked before the courts, which must apply it.
616. Law No. 2007-021 of 30 July 2007, amending and complementing some provisions
of the Code of Criminal Procedure pertaining to pre-trial detention reduces the length of
detention before sentencing in both the correctional and criminal contexts, and is generally
applicable to minors. Pursuant to article 334 bis, the custodial warrant issued by an
examining magistrate or pre-trial detention chamber is valid for six months in the
correctional context and eight months in the criminal context.
617. Further, an innovation introduced by this law is to limit orders of detention to 30
months, whereas previously they were unlimited.
618. Decree No. 2006-901 of 19 December 2006 concerns preparing detained persons for
social, family and vocational re-assimilation.
2. Specialized institutions for minors
619. The office of the public prosecutor does not include personnel specialized in
juvenile justice. The public prosecutor chooses, among his or her deputies, those who will
be responsible for dealing with matters in which minors are involved.
CRC/C/MDG/3-4
GE.10-42176 (EXT) 95