Non-publicity of the criminal trial of children and  juveniles in the international human rights system (With a Glance at Iranian Criminal Proceeding System)

Rasteh, Morteza; Mehra, Nasrin; Nemati, Mozhgan

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Rasteh M, Mehra N, Nemati M. Non-publicity of the criminal trial of children and juveniles in the international human rights system (With a Glance at Iranian Criminal Proceeding System). CLR 2024; 28 (1) :149-194
URL: http://clr.modares.ac.ir/article-20-73659-en.html

Non-publicity of the criminal trial of children and juveniles in the international human rights system (With a Glance at Iranian Criminal Proceeding System)

Morteza Rasteh

¹, Nasrin Mehra²

, Mozhgan Nemati³

1- Graduate of Master of Criminal Law and Criminology, Faculty of Law and Political Science, Chalus Branch, Islamic Azad University, Chalus, Iran. , morteza.rasteh313@gmail.com
2- Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran.
3- Ph.D. Student in Criminal Law and Criminology, Faculty of Law, Tarbiat Modares University, Tehran, Iran.

Abstract: (5890 Views)

Considering the vulnerability of the personality of children and juveniles accused of violating criminal laws it is crucial to avoid the institutionalizating delinquency through labaling. To achive this, differential measures should be employed when addressing their accusations. Although the principle of public proceedings -comprisingboth "holding hearings in public" and "publicity of judgments"- is considered fundamental for transparency of the proceedings, Adjustment of the aforementioned principle such as holding non-public of hearings on the charges against children and , while publicizing their judgments.is needed to guarantee fair proceedings and safeguarding the rights of acused children and juveniles and avoiding labaling them as criminals. International human rights system, through human rights documents and especially their judicial and supervisory institutions, established mechanisms to such as non-publicity of the trial of children and juveniles and the holding of hearings without the presence of the public and the media in national courts to achive above mentioned goals; . However, in the publication and accessibility of decisions issued by specialized courts for children and adolescents. the principle of publicity of judgments with the observance of the principle of anonymity has been recognized by the international human rights system. Although Iranian Criminal Proceeding System, non-publicity of the judgments of the children and juveniles courts, respecting their anonymity and privacy, is based on a judicial instruction and not by means of legislation , the legislator's approach regarding the non-publicity of criminal trial for children and juveniles as well as the exclusion of parents and legal guardians from this rule, can be construed in accordance to international human right system measures taken regarding their participation in the hearings of this group of defendants..

Keywords: Children and Juveniles rights, Non-public Trial, Fair Proceedings, Privacy, Differential Justice.

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Article Type: Original Research | Subject: Comparative Law
Received: 2024/01/31 | Accepted: 2024/05/10 | Published: 2024/05/30

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