Practical guide for OneMinutesJr videos on Juvenile Justice

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This practical guide provides tips for trainers on how to have the voices of
children in contact with the law heard by those working with them through
using ‘The OneMinutesJr’ videos. These short videos can be used by trainers
during both pre service and in service training programs for judges,
prosecutors, police, defense lawyers, social workers, educators, staff of
closed facilities, etc.

To receive a DVD with the films, please contact Chris Schuepp (cschuepp@unicef.org).

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Practical guide for OneMinutesJr videos on Juvenile Justice

  1. 1. theoneminutesJr. theoneminutesJr. one Jr oneminutes videos made by youth Practical guide for trainers to bring out the Voices of children in contact with the law
  2. 2. Purpose of this manual This practical guide provides tips for trainers on how to have the voices of children in contact with the law heard by those working with them through using ‘The OneMinutesJr’ videos. These short videos can be used by trainers during both pre service and in service training programs for judges, prosecutors, police, defense lawyers, social workers, educators, staff of closed facilities, etc. How children in contact with the law and at risk of offending are treated by the justice and protection systems is a critical factor in determining their future, whether they will offend or reoffend, and whether they will be successfully reintegrated into their families, schools and communities. The videos are a powerful tool to raise awareness about the experiences, conditions and hopes of children in contact with the law, to enhance respect for child rights. And to contribute to developing child friendly policies and practices for reintegration of children in contact with the law and those at risk. Introduction ‘The OneMinutesJr’ video workshop for young people in contact with the law was organized within the Child Protection Program of UNICEF Tajikistan in July 2012. This workshop was part of a UNICEF Regional Office project "Monitoring of freedom from torture and ill-treatment of children in the juvenile justice system" funded by the EU. The workshop was held under the auspices of the Ombudsman Institute, and was organized with logistics support of the NGO Child Rights Centre. Seventeen young people, who have been in contact with the law at different phases of their lives from different regions of the country, were invited to take part at this ‘OneMinutesJr’ videos workshop to share their lives, experiences and aspirations with others. With support from UNICEF consultants, Chris Schuepp and Kristina Kersa, specialized in working with children, 1
  3. 3. they learned to use video editing resources in order to write screenplays, film, edit and produced twelve one minute videos that are relevant to their lives. The topics of these one minute videos in this publication were all chosen by the young people themselves and cover many issues related to their lives including: child care and family relations, law enforcement, trial procedures, sentencing, torture and impact of closed facilities on children. They give a glimpse into the lives of a growing number of vulnerable children who are often marginalized from society. Video clips were filmed and first presented in July 2012 where children were promised that efforts will be made to have their voices heard by a wider audience. With this publication, we are keeping our promise to them, and hope we hope that you will find it useful in your trainings to have their voices heard. How to use these 12 videos In the practical guide, for each video, there is a list of facts. Also below, in order to facilitate discussion and help your audience to think about the core messages and learn about the facts, there is a list of questions for your use as needed. During your sessions, you may use all the 12 videos or only some of them depending on the topics you are covering. In your trainings, you may start your sessions on different topics by showing one of the relevant videos to your subject matter and then initiate discussion accordingly. We encourage you to use interactive methods. You may want to divide your audience into small groups, provide them with some of the questions and ask them to come up with responses to share with others afterwards. If you are training a mix group of professionals you may want to divide them by their professions to analyze the videos. Alternately, you might choose to have a plenary discussion with the whole group. 2
  4. 4.                   What do you think about this video? What can be done to address this situation? If this were your child (brother, nephew etc.), how would you like him to be treated by the adults in this video? What would be the first 3 steps you would take to address his situation? What kind of support does this family and/ or child needs? Are there services that provide this kind of support readily available in your district or in your country? How do you use them in situations like this? Are there any other services that should be established to ensure full protection/ rehabilitation of this family/child? Which services should be the first priority for the government/local government to establish? What has the child learnt in this movie? Has the child learnt new skills from the encounter with the adults in this movie? What kind of skills? The goal of the justice system is to ensure that the child does not reoffend again and change his/her behavior. Do you think that steps have been made by adults shown in this video towards this goal? What else could have been done? What else could the child have done to get support in his situation? What does the child need in this video? What did he need during his encounter with the adults in this movie and what does he need after this? If the child does not agree with how he is treated, to whom he could go to seek support? What could be the reason why the parents cannot control their children? Could there be more reasons? And if these would be the reasons, how could they have been tackled otherwise? What could the national ombudsman do for this child? 3
  5. 5. Video 1: Lifeboat, by Abdulloev Parviz, 17 years old. The video is about a boy who is often in conflict with his brother. His parents get tired of it and send him to a special school. Facts to get across:   The best interest of the child shall be a primary consideration for deciding to send a child to a closed facility.  Detention should be used only as a last resort and only when a child is in immediate danger to himself/ herself or to others.  Capacities of families to understand and support their children can be enhanced within their own communities with support of social workers. Diversion away from the formal criminal justice system can have many positive benefits: it can reduce rates of re-offending, avoid the labeling of children and parents, encourage reparation to communities, can support children and parents in solving their problems in a different way. In addition, it is often much cheaper than court procedures and detention. Video 2: Case closed, by Aziz Mamadjonov, 16 years old. This video is about a boy who admitted that he committed one offence but the police officer forces him to admit another offence as well. The police officer uses physical abuse. The police officer is later taken into custody 4
  6. 6. himself because of his behaviour. There is no space in the police department for police officers who behave like him. Facts to get across:        The state will respect child's rights without discrimination of any kind. Every child has the right to express his/her views freely. Contacts between the law enforcement agencies/Child Right department (CRU)/any official and a juvenile offender shall be managed in such a way as to respect the legal status of the juvenile, promote the well-being of the juvenile and avoid harm to her/him. Juveniles who are detained under arrest or waiting trial are presumed innocent and shall be treated as such. There should always be a legal representative present during investigation. Cases involving children would be dealt with in non-intimidating and child-sensitive settings. Police should (you can also read: CRU officer, JJAP staff, other referring bodies, teachers):  be extremely patient;  be establish a relationship of  be aware of the signs of abuse trust with the child;  take into consideration that and exploitation;  children may not realise that they have been or are being abused or exploited, and know that sexual and/or physical abuse of children is not a private matter, but a criminal conduct and a human right abuse. 5
  7. 7. Video 3: How to talk to children, by Dilovar Isoboyev, 16 years old. The movie is about a boy who is shouted at by a police officer. The boy explains to the police officer how police should talk to a child. Facts to get across:    Information and advice should be provided to children in a manner adapted to their age and maturity, in a language which they can understand and which is gender and culture sensitive. Any contact by the police/CRU/prosecutor/judge/teacher/JJAP staff/ other official, with a child should protect the child's rights and avoid any harm. This includes being protected from harsh language and physical violence. All the basic safeguards that should exist for children at all stages of proceedings are:  the presumption of innocence;  the right to be notified of the charges;  the right to remain silent;  the right to counsel;  the rights to translator;  the right to the presence of a  the right to confront and cross-examine witnesses; and  the right to appeal to a higher authority. parents or guardian; 6
  8. 8. Video 4: Three months and sixteen days, by Dostun Usmonkulov, 17 years old. A boy is arrested by the police and is waiting for his investigation progress which takes a very long time. Eventually, the boy is released. Facts to get across:     The stigma of being associated with the criminal justice system can damage a child's long term prospects. Police custody should not exceed 24 hours according to international standards. However, according to national legislation police custody should not exceed 72 hours, if a judge did not made a decision about application of a detention, a child should be released. Protocol of detention should be fulfilled within 3 hours from the moment of apprehension. Then, the child and the file has to be brought to court for decision on pre-trial detention that should not exceed 3 months. Only in exceptional difficult cases, an extension of another 3 months should be possible. In cases where there is no detention whatsoever, an average of 3 months (not more than up to 6 month total). It is important to ensure that court proceedings are completed as prompt as possible to protect the best interest of the child. Throughout the proceedings, the juvenile shall have the right to be represented by a legal advisor. Interrogations without a lawyer are prohibited. 7
  9. 9. Video 5: Torture, by Djumahoni Faizullo, 17 years old. A boy made a rap about his experience of torture. He is begging the officials not to behave this way. Warning: The boy is using very strong language to express his feelings. Facts to get across:     8 Children who are arrested and held in detention are vulnerable to violence, abuse, neglect and exploitation at the hands of police, fellow detainees and staff in detention facilities. Girls can be especially vulnerable to sexual abuse. Girls should be placed in detention facility separately from boys, juveniles separately from adults and suspects separately from accused.  States should ensure the child protection from any form of hardship while going through state and non-state justice processes. The states shall implement appropriate measures to ensure this.  Abuse frequently goes unreported and remains invisible. The role of the ombudsman in protecting the rights of the children especially in cases involving violations of rights of individuals by the State should be explained. Any treatment that leads to resentment and a sense of having been treated unfairly will make rehabilitation more difficult. On admission, all juveniles shall be given a copy of the rules governing the detention facility, address of the authorities competent to receive complaints, and those who provide legal assistance in a manner enabling full comprehension.
  10. 10.  All disciplinary measures constituting cruel, inhuman or degrading treatment shall be strictly prohibited, including corporal punishment. Placement to the Solitary Isolator violates a number of International Documents. Video 6: Red and green, by Firuz Safarbek, 19 years old. In the video, it is shown that children in closed facilities often receive punishment because of somebody else’s wrong doing. The video demonstrates the unfairness of this treatment. Facts to get across:    In every action taken thought must be given to how the action will impact a child, or a group of children and to ensure that the best interest of the child/children are met. The objective of rehabilitation and treatment of juveniles placed in institutions is to provide care, protection, and all necessary individual assistancesocial, educational, vocational, psychological, medical, and physical- that they may require in view of their age, sex and personality to ensure their integration back to their communities as responsible individuals. Every juvenile should have the right to make a request or complaint. 9
  11. 11. Video 7: De facto, de juro, by Yunus Amirov, 13 years old. According to the legislation of Tajikistan, age of criminal responsibility is 16, and for aggravated crimes it is 14, however, it not always taken into consideration. Facts to get across:      10 Minimum age of criminal responsibility should be observed. Children can only be arrested if they are at or above the age of criminal responsibility.  Upon the apprehension of a juvenile, her/his parents or guardian shall be immediately notified of such apprehension, and where such immediate notification is not possible, the parents/guardian shall be notified within the shortest possible time thereafter. The first encounter a child has with the justice system will have a lasting impact on that child. Treating a child with fairness and respect reflects the importance of respecting the rights of others, which prepares the ground for the process of rehabilitation that may follow. A good first experience with the police will give children more respect for the police and the law in general. The majority of children -defined as those under 18- in contact with the law come from deprived and marginalised communities and their exposure to crime often reflects the failure of the state to protect or provide for them. In many countries there is a blurring of the boundaries between children who commit offences and children who are in need of protection such as those living and work-
  12. 12. ing on the streets, those with mental illnesses and child victims of sexual abuse. The result is that children in need of support and protection often times end up being criminalised for their conduct. Video 8: Isolation, by Khurshed Saidov, 19 years old. The video shows how bad the conditions are in the isolation room, how a child placed in the isolation room is treated and how that makes him feel. Facts to get across:     Only minimum force should be used in dealing with children on arrest. There should be no use of handcuffs or restraints unless it is necessary for the protection of others or the protection of the child against harming him/herself, and no degrading treatment. Rehabilitation will work most effectively in settings where children feel safe and secure, where adequate medical care is provided and basic needs are met. When a child commits a crime he or she harms the community as a whole, as well as any individual victims. Criminal justice systems which focus on punishment and retribution do little to acknowledge these harms. They also fail to identify or acknowledge the problems and issues that led to commit the crime in the first place. The design of detention facilities for juveniles and the physical environment should be in line with the rehabilitative aim of residential treatment which is to ensure that the child can be reintegrated back to community as a responsible individual. 11
  13. 13.      Every child should have suitable time for daily free exercise, and recreational and physical training should be offered. Every juvenile of compulsory school age has the right to education and vocational training suited to his/her needs and abilities and designed to prepare him/her for return to society. Every means should be provided to ensure that juveniles have adequate communication with the outside world which is an integral part of the right to fair and humane treatment and is essential to the preparation of juveniles for their return to society. Disciplinary measures should always be consistent with upholding the inherent dignity of the child and the fundamental objective of institutional care, namely instilling a sense of justice, self-respect and respect for the basic needs of every person. The reduction of diet and the restriction or denial of contact with family members should be completely prohibited. Video 9: My lawyer, by Muhammadyusuf Janaidov, 19 years old. The child gets a lawyer but the lawyer is not supportive and helpful for the child. Facts to get across:  Children should always be ensured a fair and just trail. This includes being supported by a competent lawyer and in an atmosphere of understanding conducive to their best interest.  The criminal justice system can be intimidating for children and they 12
  14. 14. need help to exercise their right to be heard. To this end, police, prosecutors, defence lawyers, guardians, social welfare officer’s probation officers and judges should be trained to engage with children. Video 10: My dear mother, by Muslihiddin Usmonov. 17 years old. A beautiful song is heard wherein a boy sings about his own sad feelings, and how he misses his mom while he is in detention. Facts to get across:       Institution should encourage contact with family and other social networks to support children. It should promote services to help with their transition back into society. The individual needs of children should be addressed such as family counselling. Children with anti-social behaviour can hide their needs. Children in detention are vulnerable. Safeguarding children is therefore crucial and all staff needs to be aware of the signs that a child is in distress. The majority of children -defined as those under 18- in contact with the law come from deprived and marginalised communities and their exposure to crime often reflects the failure of the state to protect or provide for them. In many countries there is a blurring of the boundaries between children who commit offences and children who are in need of protection such as those living and working on the streets, those with mental illnesses and child victims of 13
  15. 15. sexual violence. The result is that children in need of support and protection often times find that their conduct is instead criminalised. Video 11: Cold, by Parviz Yunusov, 18 years old. The boy is wondering how long they will keep him at the police station. He does not understand why he is kept under such conditions. He hopes his normal life will soon start. Facts to get across:  14 In order to ensure the right to be heard, a child must receive adequate information about the process, the choice available and the possible consequences of their choices.  The methodology used to question children and the environment where this questioning take place must be childfriendly and adapted to the needs of each child.  In order to best fulfil their functions, police officers who frequently or exclusively deal with juveniles or who are primarily engaged in the prevention of juvenile crime shall be specially instructed and trained.
  16. 16. Video 12: Letter, by Zoir Komilov, 18 years old. A letter is written by a father who requests the authorities to have his son sent to a closed facility. The boy explains how he feels about it. Facts to get across:     Government should take measures to promote family cohesion and harmony and to discourage the separation of children from their families unless circumstances affecting the welfare and future of the child leave no other viable alternative. Preventative approaches that involve the whole family are more likely to lead to sustained improvement in the behaviour of children. All children have the right to be protected from harm. Although family is the preferred place for all children, sometimes relationships between child and his/her family can break down. When this is the case there should be offered community based services which offer appropriate counselling, guidance and recreational activities to children. An effective diversion and alternatives to imprisonment mechanism should be developed. Children in contact with the law, at risk and with anti-social behaviour fare better with fair treatment and in the communities instead of being locked up away from the society. 15
  17. 17. Acknowledgements The development of both materials was initiated at UNICEF under the leadership of the Child Protection Section. This practical guide was written by Marja Talen, UNV Social Work Specialist, working within the child protection team of UNICEF Tajikistan with contributions from Renate Winter, international expert on juvenile justice and child rights. The text is inspired by the Ten-Point Plan for Fair and Effective Criminal Justice for Children (developed by Penal Reform International and the Interagency Panel on Juvenile Justice). The guide is a companion to the OneMinutesJr videos, produced by twelve young people from different regions of Tajikistan who had been in conflict with the law. They were willing to share their experiences with the juvenile justice system. Their voices give us a huge source of information to do better in the future in ensuring their full integration in society. We hereby thank all the young people, who have participated in this project, for sharing their experience and feelings with us in such an honest, creative and powerful way. The voices of children are those of theirs and do not necessarily reflect the views of UNICEF or its partner organisations. UNICEF would like to thank to the staff of NGO Child Rights Centre and especially to its director Todzjidin Jalolov for the organization of the OneMinutesJr videos workshop and to the staff of the Ombudsman Institute of Tajikistan and especially to Zarifi Alizoda, Ombudsman, for supporting the organization of the training. We also express appreciation to Chris Schuepp and Kristina Kersa for sharing their expertise with the young people and to empower them to bring out their voices. We would like to thank those who have commented on the earlier drafts of the guide, Siyma Barkin Kuzmin, Nargis Karimova, 16
  18. 18. Galina Derevenchenko (Child Protection Section, UNICEF, Tajikistan). UNICEF gratefully acknowledges the support of EU for holding the OneMinutesJr workshop and to SDC for enabling this publication. Any part of the video and the guide can be reproduced by educational or non-profit organizations with acknowledgement to UNICEF. Please inform us how you have used this guide and the `OneMinutesJr` videos in your trainings. 17
  19. 19. For further information, please contact: UNICEF Tajikistan 37/1 Bokhtar Street Dushanbe, Tajikistan dushanbe@unicef.org E-mail: For more information on UNICEF, Tajikistan Web site: http://www.unicef.org/tajikistan Facebook: http://www.facebook.com/uniceftajikistan For information on ‘OneMinutesJr’ project: www.theoneminutesjr.org

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