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Evaluate provisions of the LECJ 2019 governing disciplinary measures applicable to juvenile prisoners based on relevant UN standards and norms on juvenile criminal justice Disciplinary measures for juvenile offenders are measures applied when prisoners under the age of 18 violate the rules of detention facilities or commit offenses during the execution of prison sentences. The reasons for the violations of prisoners under 18 years old stem from many factors such as changes in circumstances and living conditions, imprisonment, bullying by other prisoners leading to unstable psychological states and deviant actions; or due to ideas that do not comply with the decision of the verdict, opposing, uncooperative with prison officials, having antisabotage ideas, escaping.
HO CHI MINH CITY UNIVERSITY OF LAW FACULTY OF ADVANCED PROGRAM JUVENILE CRIMINAL JUSTICECASE Evaluate provisions of the LECJ 2019 governing disciplinary measures applicable to juvenile prisoners based on relevant UN standards and norms on juvenile criminal justice Group: 07 SEMESTER 1, ACADEMIC YEAR 2023-2024 Table of Contents LIST OF ABBREVIATIONS I RATIONALE: II TERMINOLOGY: 2.1 Definition of: “juvenile”: 2.1.1 The Beijing rules: 2.1.2 The UNCRC: 2.1.3 The Havana rules: 2.1.4 In Vietnamese law: 2.2 Definition of: “prisoner": 2.3 Definition of “disciplinary measures": III EVALUATION: 3.1 UN Standards and norms concerning treatment of juvenile prisoners on juvenile criminal justice in the application of governing disciplinary measures 3.1.1 InThe UNCRC: Art 37(a), (b), (c): 3.1.2 The Beijing Rules: Art 2.1 and Art 5: 3.1.3 The Havana rules: Disciplinary procedures: Art 66, 67 3.1.5 Nelson Mandela rules: 3.2 Analysis of disciplinary measures in Vietnam (as stipulated in Article 43 of LECJ 2019) IV COMPARISON 11 4.1 Based on UN standards and norms related to juvenile criminal justice 11 4.2 Based on Law and documents under the law 15 V Conclusion and experience for Vietnam: 19 LIST OF REFERENCES 22 LIST OF ABBREVIATIONS UN United Nations CRC The United Nations Convention on the Rights of the Child LECJ 2019 Vietnamese Law on Execution of Criminal Judgments 2019 I RATIONALE: Disciplinary measures for juvenile offenders are measures applied when prisoners under the age of 18 violate the rules of detention facilities or commit offenses during the execution of prison sentences The reasons for the violations of prisoners under 18 years old stem from many factors such as changes in circumstances and living conditions, imprisonment, bullying by other prisoners leading to unstable psychological states and deviant actions; or due to ideas that not comply with the decision of the verdict, opposing, uncooperative with prison officials, having antisabotage ideas, escaping Ecuador, specifically the capital, Quito, has recorded many attacks by inmates in recent years Most recently, inmates in prisons across the country took 50 guards and police officers hostage According to statistics from 2021 to the present, bloody clashes have claimed more than 430 lives in Ecuadorian prisons.Therefore, it is extremely important to establish prison rules and disciplinary measures The purpose of stipulating rules and discipline in prisons is not only to support the supervision and management of prisoners but also to ensure prison security, safety of prisoners as well as prison staff, and to support state agencies to better manage them At the same time, this is a deterrent tool to practice discipline in prison The purpose of regulations and discipline in prisons is a tool to train discipline, ensure security and safety for prisoners as well as prison officials, and support state agencies in better managing their work Actually, general regulations on handling offenders often fall under the system of documents in the content of executing criminal sentences (Article 35, Section of Decree No 10-L/CTN 1993) However, because the regulations are not specific and there are no documents guiding implementation, and the law has not yet had provisions on applying disciplinary measures to prisoners under 18 years old, this issue has been developed and regulated in the LECJ 2019 In addition, provisions on mitigating circumstances for disciplinary measures against prisoners under 18 years old are also included in Decree No 133/2020/ND-CP The supplementation, development of regulations and application of disciplinary measures against juvenile offenders aim to enhance humanity, comply with international rules on children’s rights, ensure rights and appropriateness with characteristics, physical and psychological conditions of children In fact, Vietnam has applied disciplinary detention measures to prisoners under 18 years old However, this measure is not really in line with the standards and regulations that the UN has put forward to protect children’s rights According to UN rules, disciplinary detention should only be a last resort, and the duration of application should be the shortest appropriate time LECJ 2019 has made changes in regulating disciplinary measures for prisoners under 18 years old to comply with international rules However, these changes still face many shortcomings in practical handling and application For these reasons, our group would like to present some of our views on the issue related to “Evaluate provisions of the LECJ 2019 governing disciplinary measures applicable to juvenile prisoners based on relevant UN standards and norms on juvenile criminal justice.” II TERMINOLOGY: 2.1 Definition of: “juvenile”: 2.1.1 The Beijing rules: - In Article 2.2(a), (b): (a) “A juvenile is a child or young person who, under the respective leg.” (b) “An offence is any behaviour (act or omission) that is punishable by law under the respective legal systems.” 2.1.2 The UNCRC: - In Article 1: “Within the scope of this Convention, children mean persons under 18 years of age, unless under the law applicable to the child, majority is attained earlier.” This regulation is not clearly defined, as in some United Nations documents, “juvenile” is used to refer to a group of people from 15 to 24 years old, indicating that the definition of “juvenile” in each country is different 2.1.3 The Havana rules: The definition of “juvenile” is explained more specifically in the Havana Rules in Article 11 (a): “A child means every human being below the age of eighteen years unless, under the law applicable to the child, majority is attained earlier.” 2.1.4 In Vietnamese law: In the 2013 Constitution, the 2015 Criminal Law amended and supplemented in 2017, the 2015 CPC, the 2015 Civil Law, the 2012 Labor Law, the 2016 Children’s Law, the Law on Handling of Administrative Violations by Juveniles who Violate Laws and some other related legal documents, all legal documents stipulate that juveniles are under 18 years old and have separate provisions of law for juveniles in each specific legal field In addition, Vietnam also clearly defines two concepts of “Juvenile” and “children” According to Article of the Children’s Law 2016: “Children are persons under 16 years old”; Clause Article 21 of the Civil Law 2015 states that “Juvenile are persons under 18 years old.” => Therefore, according to the regulations of international law and Vietnamese law, the term “juvenile” is defined similarly: “A juvenile is a person under 18 years of age, who has not yet fully developed physically and mentally, and does not have full legal rights and obligations like an adult.” 2.2 Definition of: “prisoner": - According to the Guidelines on Human Rights of the European Convention, the term “prisoner” mainly refers to individuals who have been detained by judicial authorities or those who have been deprived of their freedom after being convicted, but it can also refer to all those who are detained for any other reason in prison In addition, in a specialized training program of the United Nations on Human Rights in Judicial Administration, in the chapter on International Legal Standards for the Protection of Persons Deprived of Liberty, the term “prisoners” is understood similarly to “imprisoned person” - anyone who is deprived of personal liberty due to being convicted of a criminal offense In general, “prisoner” is defined similarly by international legal documents and is used to refer to individuals who are detained by state authorities after being convicted of a criminal offense they committed - In Vietnamese law: there is no regulation regarding the term “prisoner” Instead, the term “phạm nhân” is used, which refers to individuals who are identified as having committed a crime through legal procedures and regulations of state authorities, and are currently serving a fixed-term or life imprisonment sentence According to the definition of Vietnamese law, “phạm nhân” corresponds to the term “prisoner” in international documents in that they both refer to individuals who are serving a sentence and are detained in prisons => “Juvenile prisoners” is a term that refers to people who are not yet adults, i.e., those under 18 years of age, who have not yet fully developed physically and mentally, and who not have the same legal rights and obligations as adults, who are currently serving sentences or being detained in juvenile detention centers 2.3 Definition of “disciplinary measures": - In UNCRC: In the UNCRC, disciplinary measures establish rules of life in prison by listing violations of internal regulations and related penalties Detainees must become familiar with the disciplinary rules, which must be established by the prison authorities Penalties for each violation must be specifically defined by law The use of disciplinary measures must be a last resort, and detainees must feel that their right to fair treatment is respected For example, The Beijing Rules outline the purposes of applying the law to juveniles and ensure that any treatment of juvenile offenders takes into account their circumstances and the nature of the crime (Article of The Beijing Rules stipulates the aims of juvenile justice) - In Vietnamese law: “disciplinary measures” are stipulated in Article 43 LECJ 2019 According to this article, prisoners who violate the internal regulations of the detention facility or commit illegal acts are disciplined based on the nature and extent of the violation Disciplinary measures can take one of the following forms: a) Reprimand; b) Warning; c) Detention in a disciplinary cell for up to 10 days III EVALUATION: 3.1 UN Standards and norms concerning treatment of juvenile prisoners on juvenile criminal justice in the application of governing disciplinary measures - “UN Standards and norms” are formed as a benchmark for the development of criminal justice However, these rules and standards are not mandatory for countries to apply in the same way Instead, countries will base on these standards and regulations, considering them as guidance on how a criminal justice system should be built, laws and regulations should be enacted appropriately and flexibly based on differences in legal traditions, systems, structures, etc in their own country - Based on the UNCRC, many other documents have been issued such as the Havana Rules (a specialized document protecting juveniles deprived of their liberty, including prisoners); Model strategies; Bangkok Rules; Nelson Mandela Rules; Comment No 24, to provide regulations and standards for disciplinary measures applied to juveniles: 3.1.1 UNCRC 37 (a), (b), (c): + Art 37 (a): “No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age;” + Art 37 (c): “Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances” 3.1.2 The Beijing Rules: Art 2.1 and Art 5: + Art 2.1: “The following Standard Minimum Rules shall be applied to juvenile offenders impartially, without distinction of any kind, for example as to race, color, sex, language, religion, political or other opinions, national or social origin, property, birth or other status.” + Art 5: “The juvenile justice system shall emphasize the well-being of the juvenile and shall ensure that any reaction to juvenile offenders shall always be in proportion to the circumstances of both the offenders and the offence.” 3.1.3 The Havana rules: Disciplinary procedures: Art 66, 67 + 66 Any disciplinary measures and procedures should maintain the interest of safety and an ordered community life and should be consistent with the upholding of the inherent dignity of the juvenile and the fundamental objective of institutional care, namely, instilling a sense of justice, self-respect and respect for the basic rights of every person + 67 All disciplinary measures constituting cruel, inhuman or degrading treatment shall be strictly prohibited, including corporal punishment, placement in a dark cell, closed or solitary confinement or any other punishment that may compromise the physical or mental health of the juvenile concerned The reduction of diet and the restriction or denial of contact with family members should be prohibited for any purpose Labour should always be viewed as an educational tool and a means of promoting the self-respect of the juvenile in preparing him or her for return to the community and should not be imposed as a disciplinary sanction No juvenile should be sanctioned more than once for the same disciplinary infraction Collective sanctions should be prohibited 3.1.4 General Comment No 24 (2019): The Committee emphasizes that, inter alia, the following principles and rules need to be observed in all cases of deprivation of liberty:“Any disciplinary measure must be consistent with upholding the inherent dignity of the child and the fundamental objectives of institutional care; disciplinary measures in violation of article 37 of CRC shall be strictly forbidden, including corporal punishment, placement in a dark cell, closed or solitary confinement, or any other punishment that may compromise the physical or mental health or well-being of the child concerned;” 3.1.5 Nelson Mandela rules: For juveniles, the CPT has stressed that their “contact with the outside world should never be denied as a disciplinary measure; nor should it be limited unless the disciplinary offence relates to such contact” The experts recalled Rule 23 of the Bangkok Rules which states that disciplinary sanctions for women prisoners shall not include a prohibition on family contact, especially with children => Although there are many documents that recognize the principles of treating the necessary conditions for detaining minors, it does not mean that the United Nations encourages the deprivation of liberty for minors The purpose of UNCRC and those documents is to emphasize that the detention of children should be carried out in accordance with legal regulations and only used as a last resort, and for the shortest appropriate period of time In addition, countries with minors are recommended to apply measures of diversion and restorative justice programs or non-custodial measures in handling juvenile prisoners The international standards for the use of disciplinary measures for children in detention are: Children must be treated with dignity, Appropriate and fair procedures must be followed, Children should not be asked to impose discipline on others, Disciplinary measures should be gender-sensitive 3.2 Analysis of disciplinary measures in Vietnam (as stipulated in Article 43 of LECJ 2019) 3.2.1 Regarding the classification of violations: - Offenders who violate the regulations of detention facilities or commit legal violations Legal violations can be administrative or criminal offenses 3.2.2 Provisions on cases where prisoners are temporarily detained in disciplinary quarters: - At point c Clause Article 43 of the LECJ 2019, if a prisoner is detained in disciplinary quarters, the prisoner is absolutely not allowed to meet relatives and may be shackled: According to the law, during the time a prisoner is detained in disciplinary quarters, the prisoner is not allowed to meet any relatives These relatives may include spouses, biological parents, step-parents, in-laws, adoptive parents, biological children, adopted children; grandparents, uncles, aunts, siblings; greatgrandparents, great-uncles, great-aunts, cousins of the prisoner and the prisoner may be shackled However, LECJ 2019 also stipulates that shackling shall not be applied to female prisoners, juvenile prisoners, and elderly prisoners Elderly prisoners are male prisoners aged 70 or older and female prisoners aged 65 or older; disabled or physically or mentally impaired; seriously ill for a long period of time (3 months or more); have cognitive or behavioral limitations such as inability to move or serve themselves Unlike prisoners detained in disciplinary quarters, prisoners subject to disciplinary action for violations may also have their number of visits with their relatives reduced 3.2.3 Regarding the form of disciplinary decisions and competent authorities: - Article 43.3 of LECJ 2019 stipulates that disciplinary actions against prisoners can be established by the prison warden and the head of the district-level public security agency in the form of written reprimands and record keeping - Article 43, Section of the Law on Execution of Criminal Judgments 2019 stipulates that if a prisoner’s violation has signs of a crime under the jurisdiction of the prison warden’s investigation, then the prison warden has the authority to investigate the violations of prisoners with signs of crime as stipulated in Section 4, Article 43 of LECJ 2019 3.2.4 Regarding the nature and extent of disciplinary action against prisoners: - When disciplining prisoners, the nature, extent, consequences, motives, purposes, and causes of the violation must be considered and evaluated; the mitigating and aggravating circumstances of the disciplinary form; the degree of remorse, repentance, sincerity of declaration, determination to correct violations, and remedy consequences to consider and apply appropriate disciplinary measures - All violators must be promptly, strictly and legally disciplined Each violation is only disciplined once by one disciplinary measure In the same case where there are many prisoners who violate, each prisoner is disciplined for their own violation In the same case where a prisoner has many violations, apply a common disciplinary measure, not separate each violation to handle with different disciplinary measures as prescribed in Article 20 of Decree No 133/2020/NĐ-CP detailing the implementation of some provisions of LECJ 2019 3.2.5 Regarding disciplinary measures for juvenile prisoners: - In case of discovering that the disciplinary action is not in accordance with regulations, the disciplinary decision must be canceled or changed to be appropriate to the nature, extent, and violation behavior The application of disciplinary measures for prisoners under 18 years old (juveniles) should originate from the purpose of education, reform; from the requirement of ensuring safety for themselves and other prisoners, not for the purpose of punishment IV COMPARISON 4.1 Based on UN standards and norms related to juvenile criminal justice - The similar: - Art 43(1(c)) LECJ 2019: At this point, the placement of a juvenile in an institution shall always be a disposition of last resort At this point, the measure of putting a child in a prison cell is the last measure applied, meaning that sending a juvenile to prison is always the last measure mentioned Before that, there must be the gentlest measures such as reprimand or warning Educational and deterrent measures will be given priority before imprisonment => Vietnamese law complies with part of The Beijing Rules (Art 19.1), The Nelson Mandela Rules (Art 45.1) - Art 43(2) LECJ 2019: “ Do not apply leg shackles to female prisoners, prisoners under 18 years old, or prisoners who are elderly or weak.” and this regulation is basically complied with The Nelson Mandela (Art 8, 48(2)), this art mention that instruments of restraint shall never be used on women during labor, during childbirth and immediately after childbirth - Art 43(3) LECJ 2019: “The warden of the prison, the warden of the detention camp, and the head of the criminal judgment execution agency of the district-level police shall decide in writing to discipline prisoners and keep the prisoner's records.” In addition to being related to the authority to make disciplinary decisions on prisoners, places where juveniles are detained must update and maintain received prisoner records in the most accurate and complete way => Vietnamese law complies with The Havana Rules (Art 21(a),(b)) - Art 43(4) LECJ 2019: “In case an inmate's violation shows signs of a crime under the investigative authority of the prison warden, the prison warden will issue a decision to prosecute the case and conduct a number of investigative activities according to the provisions of law.” => Vietnamese law basically complies with The Nelson Mandela Rules (Art 41(1)), this art stipulates that any allegation of a disciplinary offense by a prisoner shall be reported promptly to the competent authority, which shall investigate it without undue delay - The difference: Criteria Disposition measures UN The Beijing Rules (Art 18.1) Prisoners are disciplined by one Disposition measures are very of the following forms: diverse, include: - reprimand - Detention of juvenile prisoners in disciplinary cells Vietnamese Law (LECJ 2019) include care, guidance and supervision orders; probation; community service orders; inancialpenalties, compensation and restitution… - warning or detention in a disciplinary cell for up to 10 days Most of the measures of LECJ 2019 not serve the community The Havana Rules (Art 67) “All disciplinary measures constituting cruel, inhuman or degrading treatment shall be strictly LECJ 2019 (Art 43.1(c)) regulations on "disciplinary cells", this is a form of discipline that does not distinguish between children or adults When prohibited, including corporal punishment, placement in a dark cell, closed or solitary confinement or prisoners violate, this is one of the forms of discipline applied, causing many restrictions institutionalized and not yet any other punishment that may compromise the physical or mental health of the juvenile concerned.” subject to UN standards According to CRC (Art 37(a)), No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age Based on The Nelson Mandela Rules (Art 43), in no circumstances may restrictions or disciplinary sanctions amount to torture or other cruel, inhuman or degrading treatment or punishment In particular, prohibited acts include indefinite solitary confinement; prolonged solitary confinement; placement of a prisoner in a dark or constantly lit cell; corporal punishment or the reduction of a prisoner’s diet or drinking water; collective punishment Regime for visiting and contacting relatives for - Children have the right to maintain contact with their family through letters and visits, except in special circumstances prisoners according to CRC Art 37.c who violate detention - According to The Havana Rules, in particular Rule 60, for facility any reason, combinations of rules - Regarding the form of punishment, prisoners who violate LECJ 2019 (Art 43.1(c)) will be detained in the disciplinary room for up to 10 days and according to Clause 2, Article 43 of the Law on Execution of Judgments 2019, during the period of temporary sanctions and measures detention in the disciplinary restricting or prohibiting room By law, criminals are not personal contact or allowed to meet their relatives contact should be eliminated - Disciplinary sanctions or restrictive measures shall not include the prohibition of family contact The Nelson Mandela Rules (Art 43.3) Instruments International law prohibits the of restraint use instruments of restraint, which are only allowed in certain specific cases (The Nelson While detained in the disciplinary cell, prisoners are not allowed to meet their relatives and may be shackled (Art 43(2) LECJ 2019) Mandela Rules Art 47) Decide to discipline prisoners There are no specific regulations Time to handle violations Based on The Nelson Mandela Rules (Art 41.1), any allegation of a disciplinary offence by a prisoner shall be reported In the provisions of LECJ 2019 (Art 43(3) the form of decision to discipline prisoners must be in writing) Within 03 working days from the date of discovery of the violation, if the case involves many inmates or is complicated and requires promptly to the competent time for investigation and authority, which shall investigate verification, the disciplinary time it without undue delay limit will be extended, but Within 07 days, the head of the prisoner detention facility must consider and issue a disciplinary decision according to Art 23.1 Decree 133/2020/NĐ-CP => To summarize, Vietnamese law still complies with most UN norms and standards Besides, there are other points and limitations, stemming from the country's circumstances, cultural level, and inheritance of effective laws in the past 4.2 Based on Law and documents under the law - The similar: + Clause 4, Article 3, Circular 14/2020/TT-BCA also stipulates that prisoners who violate detention facility rules and are disciplined by being detained in a disciplinary room are not allowed to meet their relatives (Clause 2, Article 43 Law on Execution of Law 2019) + Prisoners who violate the internal regulations of prison facilities or commit acts that violate the law will be disciplined depending on the nature and severity of the violation and CPC stipulates that the handling of people under 18 years of age who commit crimes must be based on their age, ability to perceive the socially dangerous nature of the crime, causes and conditions cause crime + Art 43 of LECJ 2019 largely retains the features of LECJ 2010 and develops those provisions, specifically such as disciplinary measures, disciplinary cells, and investigative authority => LECJ 2019 is also a part of the provisions of the PC 2015, PC 2015 further stipulates age and causes and conditions causing crimes - The difference: Criteria LECJ 2019 Laws and documents under the law Regime for While detained in the disciplinary Clause Article Circular visiting and cell, prisoners are not allowed to 14/2020/TT-BCA: contacting meet their relatives (LECJ 2019 Regulations that prisoners who relatives for Art 43(2)) violate the internal regulations of prisoners detention facilities are disciplined who violate according to, Art 43(1.c), the detention prisoners are allowed to meet with facility their relatives once every months rules and each time does not exceed hour until the leader is informed The detention facility recognizes the progressive acceptance of punishment according to regulations In addition, the circular also stipulates meeting relatives through a probationary period Damages There are no regulations addressing the issue of property LECJ 2010 Art 38(4) stipulates that when prisoners damage where the sentence is served property in the place where they serve their sentence, they must compensate for the damage Art 43: Specific regulations on disciplinary cells and characteristics of disciplinary cells become a separate clause LECJ 2010 Art 38(1(c)): The characteristics of disciplinary cells lie in the forms of discipline, these characteristics have not been promoted as much as in LECJ 2019 => Regarding LECJ 2010 and its regulations, LECJ 2019 does not have many changes These changes stem from the need to comply with international regulations, eliminating restrictive and controversial laws Besides, it aims to build a legal system suitable for international integration as well as meet the practical problems of the country 4.3 Base on foreign laws: Overview of disciplinary measures currently in use in Kazakhstan, Kyrgyzstan and Tajikistan - In Kazakhstan: + The legal framework regulating the use of disciplinary measures in Kazakhstan varies depending on the type of facility where children are detained + In the Special Boarding School, the only disciplinary measures permitted are: warning, reprimand, discussion at a general meeting, and extraordinary duties such as cleaning rooms Corporal punishment is expressly forbidden as a disciplinary measure + In 2014 and 2015, PRI and its partner organisations (the NGO CREDO and the Kazakh Ombudsperson) conducted research with children held in the Special Boarding School which included asking them about their experiences of disciplinary measures None of the staff interviewed said that they supported the use of corporal punishment and no boys reported the use of corporal punishment Thirteen boys out of nineteen said they had been subject to disciplinary measures, such as warnings, reprimands or making an oral or written apology In the colonies for boys and girls (for those convicted of criminal offences), temporary detention and pre-trial detention facilities, the disciplinary regime reflects their stricter security classification A revised Criminal Executive Code came into force on 1st January 2015 which sets out disciplinary measures that may be used and includes: warning, reprimand, strong reprimand and placement in a cell for “temporary isolation for 72 hours” Such measures are used when children violate rules such as refusing to work for no reason; use of drugs or alcohol; threatening staff or receiving prohibited goods A third of boys involved in the survey in 2015 had been subject to disciplinary measures and these were all reprimands, verbal warnings or apologies None said they had been placed in temporary isolation which is an encouraging development since, in the 2014 survey, five boys in the detention facility had been subject to solitary confinement - In Kyrgyzstan: + In 2014 and 2015, PRI and its partner organisations (the NGO Youth Human Rights Group and the National Centre for the Prevention of Torture) conducted research with children held in police stations, temporary isolation, pre-trial detention and the colonies They found that children in pre-trial detention centers are subject to violence − both physical and psychological − from staff + The permitted disciplinary measures are: reprimand, deprivation of the right to watch films, and placement in a ‘disciplinary isolator’ for up to seven days but with continued attendance in education classes => The disciplinary systems currently in place for children in detention in Kazakhstan, Kyrgyzstan and Tajikistan are not in compliance with international standards The following recommendations focus on positive action to ensure that discipline becomes more constructive and positive in future for all children who are deprived of their liberty These recommendations focus on specific aspects of a disciplinary system, but it is important to understand that the culture of an institution will usually set the parameters for the policy and practice In these three countries, there is no separate legislation relating to children in conflict with the law and an unsatisfactory tendency to ‘add on’ issues relating to children to existing adult laws There are significant challenges in the management of the closed institutions where children are held and high levels of violence are reported in police and pre-trial detention The significant strength these institutions have is that they hold small numbers of children and often have high levels of staffing relative to the numbers of children Ultimately, the responsibility for creating and sustaining an institutional culture where children feel safe and are actively engaged in their own rehabilitation and reintegration lies with the managers and staff Therefore resources should be directed towards the recruitment and retention of highly skilled front-line staff to work with these children and engage with them in order to build positive relationships They should be supported by other practitioners such as medical staff, teachers, social workers and psychologists but it is the daily interaction with front-line staff that can ensure a culture where the disciplinary system becomes more positive than negative: The use of solitary confinement: The use of solitary confinement is clearly in decline in these three countries and there were no reports of solitary confinement being used as a disciplinary measure for children in any of the closed institutions where the survey was administered in Kazakhstan or Tajikistan However, a number of boys reported that they had been placed in solitary confinement in Kyrgyzstan In both Kyrgyzstan and Kazakhstan, it is still possible, even with the revised provision reducing the length of time from seven days to three days, that children could be placed in an isolation cell for up to 22 hours a day A much stricter and absolute prohibition of solitary confinement is therefore required in the respective Criminal Executive Codes End restrictions on contact with family and friends as a disciplinary sanction: In Kyrgyzstan and Kazakhstan, restricting communication with family and friends is used as a disciplinary measure in practice In Tajikistan, this is also permitted by the Criminal Executive Code Contact with family and friends is a vital part of rehabilitation and will aid reintegration when the child leaves the institution and should not either be withheld or granted as a measure of discipline or encouragement V Conclusion and experience for Vietnam: - The regulation on special discipline cells in the 2019 Criminal Procedure Code is appropriate for the current situation in Vietnam, where the country is still developing and needs to be completely secure in terms of both economy and security At the same time, this regulation also aims to ensure the enforcement of state power under the leadership of the Communist Party However, this regulation still has some shortcomings that need to be addressed to be more in line with UN standards and norms on juvenile criminal justice for juvenile prisoners: + Firstly, with regard to juvenile prisoners, the number of times they are allowed to meet with family members should be increased, and the maximum time they are allowed to meet with family members should be reduced from months to 45 days This is because the nature of discipline is still for education and reform For disciplinary confinement, juvenile prisoners are not allowed to meet with family members while being confined This provision indirectly hinders the comprehensive education of juvenile prisoners and obstructs their sense of care from their families + Secondly, there should be a separation between disciplinary measures for prisoners over 18 years old and those under 18 years old by establishing a separate law provision for disciplinary measures for juvenile prisoners recorded in Article 43 of LECJ 2019 This is because juvenile prisoners are mentally and emotionally unstable and require appropriate education and reform Therefore, it is not reasonable to have a general regulation in one law provision for disciplinary measures for both prisoners under 18 years old and those over 18 years old + Thirdly, it is necessary to consider additional provisions on the disciplinary measures complaint process to protect the rights of juvenile prisoners in cases of serious human rights violations This will clarify the standards and regulations of the United Nations regarding the right to complain and the right to speak up for juvenile prisoners Complaint mechanisms offer a remedy against unlawful or arbitrary treatment by institutions such as serious human rights violations and ill-treatment Children must be granted opportunities to lodge a formal complaint before an independent and impartial authority1 + Fourthly, it is necessary to stipulate additional provisions on ensuring the health, dignity, and reputation of juvenile prisoners during the period of special disciplinary measures, especially the form of disciplinary confinement Caring for the health of juvenile prisoners should be given more importance For example, facilities must be safe and have comprehensive behavioral management plans that are grounded in proven approaches2 At the same time, it is necessary to raise awareness and discipline in prisons through appropriate educational programs In addition, it is necessary to clearly define the duties of the prison guard in this situation, which is not to torture juvenile prisoners physically or mentally, and the prison guard must be a trained and professional person who meets specific standards for managing, supervising, and rehabilitating juvenile prisoners + Finally, LECJ has not yet specifically regulated the level, specific violations for each level of punishment Almost, determining the level of punishment depends on the disciplinarian and the regulations of each detention center We understand the difficulty of listing each violation to determine the level of discipline, however, it is also necessary to consider general regulations such as Article 1, Section 43 of LECJ which will create a lot of pressure on the decision maker when having to distinguish each violation; at the same time, it can also lead to inconsistency and differences in disciplinary levels between different detention centers => Through this presentation, we would like to summarize important opinions on the issue of ‘Evaluate provisions of the LECJ 2019 governing disciplinary measures applicable to juvenile prisoners based on relevant UN standards and norms on juvenile criminal justice: + Firstly, in the definition of “juvenile prisoners" “Juvenile prisoners" is meaning “ a term that refers to people who are not yet adults, , those under 18 years of age, who Manfred Nowak (2019), The United Nations global study on children deprived of liberty, p.547 TASC, Q&A Punishment and discipline in Juvenile Justice Facilities Produced by Robert D Fleischner, p.4 have not yet fully developed physically and mentally, and who not have the same legal rights and obligations as adults, who are currently serving sentences or being detained in juvenile detention centers.” + Secondly, regarding the issue of applying disciplinary measures to juveniles based on UN standards and norms: the rights of juveniles must be given top priority, and measures that deprive juveniles of their freedom should not be encouraged The purpose of the UN “ is to emphasize that the detention of children should be carried out in accordance with legal regulations and only used as a last resort, and for the shortest appropriate period of time.” + Thirdly, the provisions of the LECJ 2019 governing disciplinary measures applicable to juvenile prisoners based on relevant UN standards and norms on juvenile criminal justice: In general, the provisions of LECJ 2019 regarding disciplinary measures for juvenile offenders have been adjusted and supplemented to change disciplinary measures towards humane purposes, with procedures being handled quickly to avoid damaging the dignity and reputation of young people However, the disciplinary measures stipulated in LECJ 2019 still differ from UN laws, aiming to adjust measures to be appropriate for the age and nature of the offense committed by juvenile offenders in Vietnam => Disciplinary measures for juvenile offenders is an important issue in the current context This places a demand on lawmakers to focus more on reestablishing prison discipline, building a separate legal regulation on disciplinary measures for juvenile offenders, ensuring the rights and obligations of prisoners as well as their dignity Although Vietnamese law has regulations on disciplinary measures for juvenile offenders, inherited from general regulations, these measures still have some shortcomings that need to be addressed in the future to be more in line with standards and norms based on relevant UN laws LIST OF REFERENCES I Legislation: The United Nations Convention on the Rights of the Child; The UN Rules for the Treatment if Women Prisoners and non-custodial Measures for Women Offenders (the Bangkok Rules); The UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules); United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) United Nations Rules for the Protection of Juveniles Deprived of their Liberty (the Havana Rules); General Comment No 24 on Children’s Rights in the Child Justice System; Law on Execution of Criminal Judgments 2019; Decree No 133/2020/NĐ-CP; Circular 14/2020/TT-BCA II Other references: Matti Joutsen, “UN Standards and Norms on Juvenile Justice: From Soft Law to Hard; Manfred Nowak (2019), The United Nations global study on children deprived of liberty, p.547; TASC, Q&A Punishment and discipline in Juvenile Justice Facilities Produced by Robert D Fleischner, p.4; Positive behaviour management and children in detention “The way forward in Kazakhstan, Kyrgyzstan and Tajikistan”