The center has issued his forth report concerning Juveniles in Jordan for the Year 2007

Preface

The United Nations Standard Minimum Rules for the Administration of Juvenile's Justice (The Beijing Rules) are considered the comprehensive framework in dealing with children who are in conflict with the law. Articles(37) and (40) of the convention of the Rights of Child embody these rules as an addition to the collection of the universal legal guarantees, and to constitute an inseparable part of the national legislative matrix in the kingdom. This is so, after the convention was published in the official gazette on Oct.16, 2006. according to the global matrix, the basic slandered of the juveniles judiciary is to provide a fair trail for the children who are in conflict with the law within the perspective of the national development and the social and humanitarian justice, So as to develop and improve the judicial services, in accordance with the plans and the programs that aim at:

First: The welfare of the juveniles which means their trial before special courts that are known as the family courts , in which measures are taken to protect the best interests of the child and not be limited to punitive penalties only .

Second: Observation of the personal and social circumstances of the juvenile, when applying the principle of proportionality of the punishment with the gravity of the offense.

Third: Researching the readiness of the juvenile to compensate the victim, taking into consideration the impact of the crime upon the victim and the society.

The Pasic Principles:

The First principle: the particularity of the application of the fair trial guarantees for the juveniles: The guarantees of the fair trial apply to the adults and the juveniles and observing the legal competence (civil rights) in the cases of the children who break the law. Additional guarantees were legislated to them in which their young age is observed. The national convenient stipulated the following:

A.                The necessity of the existence of a specialized judicial body to view the cases of the juveniles: this is in virtue of articles (14) and (40) of the Beijing Rules and the convention of the right of the child. Consecutively the trail of specialization covers the entire trail, both its penal and preventive parts. This is what distinguishes the specialized judiciary from the specialized courts. According to the provision of article (7) of the juvenile's law no (24) for the year 1968 and its amendments; every regular court (whether it was a justice of the peace court or a court of first instance) that looks into juvenile cases is a juvenile court. The justice of the conciliation courts in their capacity as juvenile courts – rules on violations and misdemeanors and precaution and measures. There are three conciliation courts in the Kingdome that deal specifically with the juveniles cases. They are the Amman juvenile's courts, Zarka juvenile's court, and the Irbid juvenile court. The Amman juvenile's court is considered the more specialized, since it considers juveniles cases only and has a full- time judge. Generally, these courts are not considered specialized for the following reasons:

1-                 They are courts of specific location with a type of specialty since they rule in the charges levied against the juveniles in the cases that are before them only. They do not receive all the cases of the juveniles and/ or have referred to them the juveniles cases that are viewed in the district attached to the same governorate. The governorate of Irbid, for instance, is composed of seven districts (liwa) the justices of the peace in the courts that exist there view the juvenile cases without being referred to the Irbid juvenile's court.

2-                 The juvenile's judges in the Irbid and Zarka courts are working there on a full time basis. The judges of the courts alternate in the afternoon shifts to look into the juveniles cases which constitute an additional burden on the judges during the discharge of their tasks.

     The number of the cases that were viewed be the Amman conciliation courts of the juvenile during the period the Jan.1-July.31, 2007 till, (395) males and (5) females. The Irbid juveniles courts (275) males, and (5) females. The cases viewed by the Zarka justice of the peace court were (429) males, and (11) females are total of (1050) cases. The total numbers of the juvenile's cases for the same period in all the courts of the kingdom were (1985).

     The court of the first instance specialize in their capacity as juveniles courts in deciding the criminal crimes according to the punishment ceiling specific to the errant juveniles a binary body is assigned for this purpose and a prosecutor general in the palace of justice , and the Zarka court of first instance and the Irbid court of first instance as for the crimes that the juveniles commit in association with the adults , these are viewed by the courts that try the adults , provided that proper procedures are observed regarding the juveniles .

     Thus if a juvenile commits a misdemeanor together with an adult in a crime that falls with the jurisdiction of the great criminal court or the state security court, then his case is viewed by the judicial body of these courts he thus loses the legal guarantees that apply to his similar children when they commit the same offense away from the adults.   

B.                 The secrecy of the trial of the juveniles is an exception to the original principle  : this is among the important principles which the Beijing Rules emphasized for the benefit of the children in a conflict with the law on the assumption that the behaviors and conducts of the children and the young which do not conform with the traditional and normal social rules and values are part of the process of the maturing and normal growth of the child , which should not stigmatize them socially or legally , and cause them to be burned with the consequences of actions they have done in their youth . the Jordanian legislator express this in article (10) of the juveniles law which stipulated that the trail of the juveniles must be secret, and no one should be allowed to enter the court expect the conduct observer and to parents of the juvenile or his guardian or lawyer and those with direct connection to the suit legal case since there are no specialized courts for the juveniles. This principle is not applied, except in the narrowest of limits. The proceedings of the courts are secret in the before mentioned three conciliation courts, as well as the in the cases that are viewed by the special bodies to consider the criminal cases of the juveniles.

C.                 Respect their private life: according to article (12) of the juvenile law, it is forbidden to publish the picture of the errant juvenile, and the publishing of the trial events or a summary of it in any means of publication. Despite the importance of this provisions to the benefit of the child , yet we  see that the text of  this article contravenes with what is applied in practice should the basic objectives be the non- encroachment on the private life of the juvenile and , consequently not making public that which he committed without being fully aware of his action , then the public declaration of the judgment verdict (that includes the events of the case and the reasons for the sentence ) contradicts the goal of the legislator in respecting the privacy of the juveniles especially , since there is no stipulation in the juveniles law that makes such steer obligatory . It is to be observed that the text of this article has an explanatory deficiency. it includes the errant juvenile only , and does not include the child who is expose to danger who is the most in need for protection and legal guarantees that the legislation came to protect them and safeguard them against the danger of deviations towards crime.

D.                Speedy judicial process: among the general principles of the united nations regarding the protection of the juveniles who are deprived of their liberty is the acceleration of the trail of the juvenile in order to confront the harmful consequences of all sorts of detention, and to foster the re- integration into the society within this context the Jordanian legislator considered the juveniles cases as urgent cases, as indicated by the text of article (5) of the juveniles law. And in order to emphasize the legislator urged the convening of the court during the holidays and the official holidays and the evening sessions when necessary for the benefit of the juvenile (article 8 of the same law). This does not happen really , even in the areas that do not have temporary detention centers (specials cells for the juvenile like the northern region and the southern governorate (except the Aqaba governorate which a holding cell was established there since the beginning of 2007 ) . in addition , more than (40)late juvenile cases were monitored into the Irbid juvenile justice of the conciliation courts for many reasons like the inability to pay the fees of the medical report demanded by the court in cases that require this or the transfer of the detaining officials (the witnesses) especially the police to other places or their retirement.

E.                 Non – consideration of the conviction of a juvenile of an offense as being precedents: this is so according to article (6) of the juvenile law. Despite the fact that there does not exist a judicial record for the juveniles, yet the computer of the public security directorate registers that which indicates that the juvenile has committed an offense. Thus he has a security record, which completely contravenes the stipulations of the national legislation and the international standards.

F.                 Immediate notification of the juvenile of the charges against him the person in charge of him or his guardians must be brought in at the beginning of the investigation, if those be unable to attend, then the probation officer must attend the sessions . Despite the amendment of this article to reflect it's obligatory rather than remissibility nature as stipulated in article (13) of the juvenile amended law for the year 2007, yet this article is not activated. This is especially so since in is present only the three afore – mentioned courts of the conciliation courts or the courts concerned with the crimes of the juveniles.

G.                Separating juveniles from adults: it is a necessary guarantee that seeks to protect the errant juveniles against criminal infection. They are susceptible to the negative influence of the detained adults. It is also aimed at attending to their special needs during their growing period. Article (10) of the special international covenant on civil and political rights. Emphasized the necessity of separating juvenile's defendant from the adults. This text stressing this guarantee was incorporated in article (3) of the juvenile's law which states 'taking measures to isolate the errant juveniles from the defendants or the convicted (persons) who are above eighteen years of age ". This is applied during detention pending trail as well as the execution of the sentence. As for the initial investigation period at the police / temporary holding cells this is not activated for the girls who are placed in the women holding cell that exist in the Juwaydah reformation and rehabilitation centre for women. It is to be noted that the existence of girls with the adult women in the same place is a dangerous situation. Even if it was for a short period of time. As for the males in the southern governorates they are placed with the adults in the security centers, because there are no holding cells for the juveniles in this area which is considered a flagrant violation of the provisions of the law. There exist three holding cells the juveniles in the kingdom, one in the Al Zohoor security post, and the second in Quwaysmih. A new holding cell I the Aqaba security centre was established since the beginning of 2007. It receives the juveniles of this region.

     During the period (Jan.1, 2007 –June.30, 2007) the number of the juveniles who entered the holding cell of the Zarka security was (334), and the Aqaba security center (245), and the Zohoor security post (509) with an overall total of (1088) the total number of the juveniles who were dealt with by the various security centers in the kingdom was (4455)

H.                The Beijing Rules emphasize the necessity of providing free legal assistance to the juveniles where ever possible. Yet according to article (15) of the juvenile's law, the presence of the lawyer is not obligatory or free which leaves many errant juveniles without the very necessary legal assistance for this category of children. Official statistics indicate that among the most important reasons for their delinquency is the family disintegration which involves negligence and indifference by the family.

    The text of article (208) of the penal proceedings law and its amendments , no(9) for the year 1961 , stipulates that a lawyer be charge by the president of the court or that which he deputized from the judges of the court , with defending those accused of crimes that are punishable by death or life hard labor . If an adult commits this crime a lawyer is appointed for him but if he was a legally incompetent child, he does not enjoy this privilege which was expirees by the international charters relating errant juveniles within this context. The law of the Jordanian bar association no: (1) for the year 1972 and its amendment gives the president of the association the right to ask any lawyer to provide free service to defend any person who cannot par the fees of a lawyer.

The second principle: re-sorting to freedom – deprivation, except as a last resort and for the shortest period of time

1-               The legislative frame work for the non-freedom depriving substitutes measures : when we review the juveniles law no (24) for the year 1968, and its amendments , we note:

-                     The text of article (19-d-4) indicates the possibility of placing the juvenile under the supervision of a probation officer, if he commits a felony or a misdemeanor under a monitoring order, for a period no less than a year, and no more than three years. According to the text of article 2 of the juveniles law , the monitoring order is defined as : ( the order issued under this law stipulating the placement of the juveniles under the supervision of one of the conduct monitors according to the conditions which  the court finds necessary to assure the good conduct of the juvenile the conditions that the court stipulate are a mutual relationship between the conduct monitor and the court , especially since the latter has discretionary authority to suitable to reform and deter the juvenile based on the report of the conduct monitor. But most of the judges do not abide by the stipulations of the text of the law. The monitoring decision is pronounced without placing conditions like follow-up mechanism, individual supervision or the follow up with the family. The judge has nothing more to do with the juvenile, and the questions of the follow-up and supervisions remain with the probation officer only. accordingly , the follow up mechanism becomes unproductive for the following reasons:

1- The non adherence of the judges to that which is stipulated in articles (2) and (25) of the juvenile's law, which impose on them the placement of necessary conditions to assure the good conduct of the juvenile.

2- The non availability of a joint follow up mechanism between the judge and the conduct monitor. The follow up of supervision becomes confined to the conduct monitor and the director of the social development without submitting periodical reports to the judge stating the extent of the progress that achieved by the juvenile or with his family. The question of supervision ends with submitting a final report that is placed in the case file.

3- There is no appeal for the decision of the court to place the child under the supervision of the conduct monitor.

During the period from the (Jan.1, 2007 –July.31, 2007) the number of the juveniles that were placed under the supervisions of the conduct monitor in the kingdom was (37) males and (2) females.

2-                 The International Commitments :

-                     the decision of the economic and social council no 10 for the year 1986 relating to the prison alternatives points towards detention alternatives as possible being effective means for treating criminals within the  society which realize private benefits for the perpetrator , and general benefit for the society . It is to be noted that this decision is not limited to the children only, but adults also with different conditions and mechanisms.

-                     the United Nations Slandered  Minimum Rules for Non-Custodial Measures (the Tokyo Rules) that were adopted by the united nations general assembly in December 1990 encourage the non detention plans and programs as being an integral part of the criminal justice system , in addition to the encouragement of the establishment of this among the quarters responsible for such measures like the concerned governmental institutions and the organization of the civil society despite the absence of  a clear and exact legislative ground for the adoption of these measures except in the most narrow of limits yet the judges of the juveniles adopt them purposely for the best benefit of the children .(130) decisions during the period (Jan.1.1,2007- Jun.30,2007) were made relating to the juveniles by the Zarka juveniles court. Among the non freedom deprivation measures that were made by the judges there were the following : ( (3) sentences of providing financial surety , (62) sentences of financial fines ranging between (5-20) Dinars , (40) sentences of handing the juvenile to his guardian) .

-                     United Nations Guidelines for the Prevention of Juvenile Delinquency (Al Riyadh Guidelines) focus on the preventive measures to prevent the juveniles from going astray , and the importance of involving the society in formulating and applying the preventive measures. It also stressed the importance of training the judicial police on the special needs of the juveniles. Though there is no police force specializing in the errant juveniles yet, the existence of a special administration for the protection of the family within the jurisdiction of the public security directorate constitutes one of the most important practical applications of the preventive programs for the children who suffer from violence in Jordan.

-                     United Nations  Rules for the Protection of  Juvenile deprived of their liberty (the Havana Rules) were adopted and published by virtue of the resolution of the general assembly no : (45/113) on Dec.14, 1990 . They are dedicated overall to giving the utmost priority to the re-integration into the society of the juveniles who are deprived from their freedom. This is done through emphasizing that the pretrial detention period most be confined to the exceptional cases only, and that the trial of the juveniles must be accelerated. The basic goal of this is the emphasis on the negative impacts of the detention and freedom deprivation .the pre–trial detention period is Among the most dangerous and difficult periods of detentions for the children especially if this was their first time here they come face to face with complicated procedures that deprive them of their freedom and childhood and distance them from their world and environment. The legislative mechanisms and restraints stipulated in the juvenile's law do not suffice in restricting this danger while the administrative governor has the authority to detain the juvenile administratively despite the existence of a clear legal provision preventing this. During a field visit on Jul.17,2007 to the Zohoor security post. There was a juvenile who has been detained for three months. He was in a very deteriorating Health and psychological state. He refused to eat, and could not sleep and was suffering from depression and emaciation.

-                     The text of article (99) of the panel proceedings law no(9) for the year 1961, limits the period of deposit to the judicial police for (24) hours only.

As for the importance of the applications of the alternative penalties we observe the following:

-                     The alternative punishments are not legal measures, yet they are connected to the official judicial system the case maybe referred to the court when the measures that were taken fail. On the contrary, when the juvenile is tried it is not permitted to back down from the decision of the court (the international covenant for the civil and political rights article 14/7).

-                     The emphasis is on the damage that befell the victim and / or the society while giving the opportunity to rectify the wrong doing.

-                     The possibility of dealing with the juveniles without resorting to the known courts mechanisms with the somewhat long and complicated proceedings. (The United Nations minimum model rules for the administration of the judicial affairs articles 11 and 18).

-                     The focus on the rehabilitation of the delinquents and the prevention of the criminal reception through addressing the latent factors that led to the delinquency. the studies that were re carried out by the ministry of social development has shown that the criminal reputation by the juveniles is relatively high , and reach more than 15% of the juveniles .

-                     The child's best interest dictates that he stays with his family as an active and productive person even if this was within certain restraints and conditions imposed by the court (the convention on the rights of the child article 40).

-                     Involving the local community in the process of the process of the societal rehabilitation of the juveniles by supporting him instead of marginalizing and alienating him.

-                     Avoidance of the criminal infection which the juveniles suffer from, specially the first time criminal perpetrators.

The Restorative Justice

In general, the system of the criminal justice aims at protecting the child. it is the foundation that is relied upon to integrate the children into the society . Generally, there are 3 systems of justice which the states practice and from which the judiciary of the young derives its systems these are:

-                     The model of the best interest.

-                     the model of justice

-                     the model of restorative justice

A-   the model of the best interest :

This system focuses on the person of the perpetrator. it considers him a victim as a result of different factors and circumstances the motives and the reasons that led to committing the act are the main pointer for the conviction not the responsibility . The child here is not responsible for his action. The role of the judge in this system is considered weak, since the measures taken are not punitive, and consequently there are no guarantees fort he trail as is the case in the normal judicial proceedings. The pivotal question is: who is responsible? This system is used by the legislations that adopt the methodology of education and habilitation of the errant juveniles.

B-                The model of justice:

     It is the antithesis of the former system because the perpetrator of the offense is responsible for his action and has chosen to misbehave. Thus, he must bear the responsibility of his action in the form of penal punishment the detention of his freedom. The child here id responsible for his action irrespective of the level of his awareness. The pivotal question here is: is he guilty or non guilty this system is used in the states that apply the traditional method of justice.

C-                The modal of restorative justice :

    There is a conflict between the first model which concentrate on the fact that the child the perpetrator of the act is a victim and is not responsible and the second model which focuses on the fact that the child the perpetrator of the act is responsible for his action.

    This caused the international community to think of another system that enhances the protection of the child within the frame works of the international covenant relating to the juveniles. The model of the restorative justice expresses the needs of the security of the society. This system is based on two ideas the first relates to the restoration of the state of affairs to what they were by rectifying the damage, and the second in embracing the child by the society through the restoration of the relation ship with the society. The idea of the compensation and the embracing of the child are the pillars of this system. It's to be noted here that the perpetrator of the offense becomes directly responsible for his action and has to face the victim. The second idea is based on restoring the relationship with society which means that the victim has a role in this system whether individually or collectively. Among the basic practices in this system is mediation conciliation and community service. Many civilized countries began to adopt this system. Restorative Justice Project considered for juveniles in Jordan during period (2005 – 2007), is the first practical experience in this respect. It is a conjoint project that was made by an initiative from the International Criminal Reform Organization in cooperation with the United Nations children fund UNICEF. among those who contributed in its execution were the judicial council the ministry of social development, the public security directorate the Administration of the Protection of the Family and the National Center for Human Rights , in addition to the civil society association s no less that (450) child benefited during the period of the execution of he project (may, 2005 – may,2007) as some of them were transferred to rehabilitative programs and activities , educational and instructional or rectification of the damage that the juvenile caused in other cases conciliation was concluded between the parties to the conflict and an undertaking was made not to commit that which is against the law . Among the most important out puts of the project on a practical side was the creation of the rest restorative justice unit in the directorate of the family and the protection in the ministry of social development.

The third principle: the best interest of the juvenile and the application of the principle of proportionality.

This principle is considered among the general guiding principles in issuing sentences in the cases relating to the juveniles. It is an instrument to curtail the punitive sentences. The judge must harmonize between the circumstances of the juvenile and the gravity of the committed offence so that the reaction be proportionate with the measure taken to reform the juvenile, and taking into consideration the needs of the society and the victim in order to attain general deterrence, there is a philosophical contradiction in the application of these principles on the basis of balancing between that which is best and that which is presumed according to the general rules. The task of passing judgment in respect of the juveniles is more difficult that when the perpetrator of the offence is an adult. The difficulty lies in the preponderance between that which is the best interest of the child and the realization of the security for the society. Like lack of competence vis-à-vis general deterrence .the fairness of the judgment vis-à-vis the individualization of the punishment.

The evaluation of the punitive treatment of the juveniles:

What are meant by the punitive treatment are the total methods that are meted to the juveniles in order to direct them to awards the desired goals that result from the execution of the punishment that is the habilitation and the reintegration in the society, the methods applied within this context depend on several factors.

1-                 The age factor: The law deals with the actions that contrivance the provisions of the law and holds their perpetrators to account when they are fully and legally competent and are aware of the essence of their actions. Penalties are applied to him according to those stipulated in the penal law no: (16) for the year 1996 and its amendments. Those who lake competence or their competence is deficient do not carry the same punitive responsibility that the legislator assigns for the adults. The ceiling of the penalty is somewhat different: quantitatively and qualitatively. For example the death penalty or life hard labor is not applied against children. The maximum freedom depriving penalty ranges between (4 and 12) years for the teenagers (who has finished 15 years of age and did not complete his 18 years) who commits a felony that requires the death penalty or life hard labor. The youngster (who completed 12 years and did not yet complete 15 years of age ) who commits the same crime will be punishable by a maximum freedom depriving sentence of (3 -10) years . The boy (the age between 7 to 12 years) who commits an offence punishable by the law suffers the protection and caring measures. This includes surrendering him to one of his parent or legal guardians or a member of his family or those qualified to rear him. They must posse's moral guarantees of upright bringing. these measures may necessitate placing him in a recognized institution fit or this purpose for a period no less than a year and no more than five years

2-               The scope of the discretionary authority : Article (63) of the penal code defines the criminal intent as the will to commit the crime Which is vocalized as the criminal purpose . Should the will of the perpetrator of the offense awareness and discrimination, the law depends on the motive to commit the when the child commits a crime. According to the text of article (74) of the penal code: sentenced with a punishment unless he has committed the act willingly and with awareness. This explains the applications of the measures to straighten and reform the juveniles, instead of imposing criminal penalties that require imprisonment and the arrest of the juveniles. The placement of the errant juveniles is special institution supervised administratively by the ministry of social development and the provision of welfare is the best practice that reflects the conscious political will towards the application of the international standards.

Since the element of criminal intent or purpose is not available unto the errant juveniles due to the deficiency of awareness and perception, the motive to commit the crime becomes among the elements of criminalization only without the other elements of the rime . the scope of the discretionary authority of the judge becomes directly connected o the various needs of the juveniles which imposes a special atmosphere in the field of the juveniles justice in making available various and numerous measures through the whole phases of the administration of the judiciary affairs including investigation trail passing sentences and following their implementation this justifies the stipulation of article (19-d-5) of the penal code which leaves the minimum ceiling of the punishment open and undetermined which allows the judges to exercise the minimum freedom depriving penalty , if the circumstances of the crime warrant this. The maximum freedom depriving punishment in the Zarka conciliation court until Jun.30, 2006 was three months in the crimes of credit mistrust stealing with partners and grievous harm.

3-                 The treatment of the juveniles inside the penal institutions:  custody punishments against juveniles are carried out in nine institutions attached to the ministry of social development. Four of these institutions are for males and two are for the children who need protection and care. There is one for girls that includes the delinquents who need protection and care. In addition there are two centers for the beggars. The juveniles are sorted according to the age categories. Yet it includes the category of the convicted juveniles and the detained juveniles pending trial. This considered a violation of the international standards regarding the principles of the presumption of innocence. Those detained pending trail are innocent until they are convicted by a final decision of competent court. Thus they are subject of Special treatment that conforms to their temporary status. On the other side the material environment of the detention must be suitable regarding the design of the special place of accommodating the children who are in conflict with the law. It should be in synchronization with presumed purpose of their existence in these centers. This explains the qualitative transformation in the level of the care and the services that are provided to the detained girls in the Khansaa center. The Khansaa center has been moved to another building that enjoys a better environment than the previous one regarding the spaciousness of the place and the availability of external and internal areas that allow the girls to exercise the activities and programs provided to them in a better manner.

  Among the other factors that affect the extent of the quality of the services and the rehabilitative programs provided to the juveniles is the working staff that works in the different juvenile centers quantativley and qualitatively. The number of the female staff in the Khansaa center was (15) in 2004, where as they number (28) in the current year and increase of 86%withen the context of cooperation with the other official institutions, ten officials were employed within a joint working agreement with the ministry of planning.

4-Juveniles police: the existence of specialized police for the juvenile contributes to the prevention and combating of crimes and offers a better treatment for children who are in conflict with the law. article (37) of the international agreement for the rights of the child which was published in the official gazette to become a part the national legislative matrix that is obligatory and enforceable made it necessary for the member states to guarantee that no child is to be exposed to torture or other mistreatment or cruel in human or degrading punishment . non the less the detained errant juveniles in the Abdullah Ibn Omar center for the education and rehabilitation of juveniles in the Governorate of Ma'an to be beated by the members of the special police when one of the inmates tried to escape from the center . The incident resulted in serious and injuries among the juveniles as a result of the fighting that occurred on Aug.6,2007. It is very important to increase the awareness of the culture of the rights of the child among all the quarters that deal with juveniles especially those charged with the implementation of the law since the detained child id the weakest link in this framework.

The range of the application of the Beijing Rules:

1-                 the application of the provisions of the national laws pertaining to the adults in addition to criminalization the juveniles for wrong conducts which the law does not punish if they were committed by the adults like the purchase smoking and selling of tobacco and intoxicants, attending night clubs and bars which means that the scope of the application of the legal rules is wider and more comprehensive than that for the adults. This is so for the interest and the protection of the children. Accordingly a new law (the law for monitoring the conduct of the juveniles for the year 2006) was legislated with the aim of protecting the juveniles from themselves and those who exploit them. Under the threat of the penal responsibility the rules also urge the inclusion of the young adults in their provisions (like those aged between 18-25 years) the widening of the scope of the legal provisions relating to the judicial process of the juveniles to include the youth also.

  among the provisions is community service for the public good attending guiding sessions referral to the centers of addiction treatment enrollment in the vocational training programs etc… there does not exist in Jordan legislative ascription to this category of the youth except to place them in special quarters in the prisons within the instruction of the centers for reform and habilitation. It is preferable to enact legal and detailed provisions regarding this matter.

2-                 the determination of the age of penal responsibility for the errant juveniles must not be too low taking into consideration the historical cultural and methodological factors so that the child bears the consequences of his  actions , it is to be noted that the age of the penal responsibility of children in Jordan is (7) years , according to the juveniles law it was raised to (12) years according to the child which is currently at the house of representatives Jordan adopts the lowest age for the penal responsibility in the Arab states in addition to Egypt , Lebanon , Sudan and the united Arab emirates . In Tunis, the age of penal responsibility is (12) years, Bahrain register s the highest age for penal responsibility (15) years.

3-                 The flexibility of the scope of the discretionary authority of the judge when trying the juveniles due to the verity of their special needs which necessities the study of each case so as to decide the appropriate course of action. The study of the conduct monitor and his recommendations are considered basic terms of reference which the judge takes into consideration when making his decisive decision regarding the child who is in violation of the law. It is to be noted that many judges do not take into consideration the report of the conduct monitors and treat it on a routine basis. On the other hand, monitors of conduct claim that there are many cases of children that do not need detailed report because it is a routine process to fill the form relation to the report like the cases of quarrels and simple injuries. Generally, article (11) of the juveniles law does not give the conduct monitor a productive and effective role in the judicial process in which the legislator entrusted to him the evaluation o the state of the child. It was preferable to tie the decision of the judge and the flexibility of this discerner authority with hearing and discussion the report of the conduct monitor before pronouncing the judgment. On July.31, 2007 the number of the conduct monitors in the kingdom who are credited by the ministry of social development, were (82) officials. The number of studies which they undertook was (3102) report during the period (Jan.1, 2007 – June.30, 2007).

The litigation procedures

1-                 The pretrial period: it involves notifying the parents of the juvenile or his guardians upon his arrest. The question of releasing him must be viewed without delay. the Beijing Rules calls for the police or the prosecutors general to have the authority to refer the juveniles outside the judicial system and refereeing them to service in the local community , provided the juvenile or / and his parents agrees to this . The transfer is to be made to a societal body or another institution. Since there Is no legal revision that allows this, and due to the importance of the role of the police in preventing crime a new and independent burgers were established to deal with the cases of the errant juveniles within the protect of the rest oratory justice (referred to in page 10 in the Zahran security centre , Quwaysmah security centre , Marka security centre , Zarka security centre . this was done within a joint working agreement between the public security directorate and the ministry of social development as a pioneering experiment with aim of improving the mechanisms of dealing with the juveniles through treating violations and simple misdemeanors , and the attempt to find social solution to the problems of the delinquency of juveniles on the bases of limiting the resort to the freedom depriving penalties . the agreement included the steps within the administrative and legal framework as represented by the basis and rules to be followed and which constitute the mechanism of  the work team of social researchers from the  administration of the family protection . in addition to security officers and women place and qualified staff from the ministry of social development represented by the conduct monitors . these bureaus are directly connected to the head of the security centre that they fall within its areas . the number of the errant juveniles who were referred away from the litigation procedures was (374) since the operation of these bureaus (from July, 2005 to the end of April,2007 ).

2-                 Detention pending trial: a juvenile I not to be detained except as a last resort and for the shortest possible period. Freedom deprivation is not to be imposed unless the juvenile is convicted of a serious crime or used violence against others or it was proven that he has returned to committing serious criminal acts. In most cases, detention is substituted by alternative measures based on innovative means like monitoring release on bail, etc …in the cases that demand detention, the child enjoys all the rights and the guarantees stipulated. in the minimum model rules for training prisoners, and the rules of the united nations relating to the protection of the freedom deprived juveniles (Havana rules) like the right to physical safety and non torture, separation of the juveniles from the detained adults, and that their detention is made by a competent authority which is confined to the judiciary as stated in article (4) of the juveniles law. Despite this, the national centre for human rights received a complaint from the father of a juvenile who was detained on Aug.21,2007 by an administrative decision and for a period of no less than a week during which he was detain by member of the public security to force him to confess to that which was attributed to him. In addition, the investigation with the juvenile was conducted without the presence of his parents or a lawyer m which constitutes a violation to the provisions of articles (13) and (15) of the same above mentioned law. This constitutes legal and humanitarian violations that are against the national legislation and the international standards.

3-               Suing (litigation) and rendering judgment in the cases: a competent authority (court , prosecutor – general , a body )looks into the cases of the juveniles , provided that all the procedures taken serve the maximum interest of the child . He is to be permitted to express him self in a simple language. He has the right to be represented by legal counsel and the parents are involved in the litigation sessions .these were emphasized by the Beijing Rules and what was adopted by the Jordanian legislator. Yet we notice the non – commitment of some concerned quarters with the implementation of the law. the rules also refers to the fact that in all circumstances and before the court passes it is final ruling a comprehensive search must be made regarding the situations and circumstances of the juveniles by specialist who are appointed for this propose who are according to the stipulation of the juveniles law, are the probation officers who are attached to the courts or in the officers of the social service. The probation officers has an important role in ending the ruling (judgment) in what is termed early release and the follow-up of the supervision of the reminder of the sentence outside the walls of the institutions of social defense. it is an accredited mechanisms in the juveniles law to lesson the sentences period for the juveniles who has proven their good conduct after a period which is no less that n the third of the penalty that ere given to them . Only ten juveniles were released during the period (Jan.1, 2007 –July. 31, 2007).

4-                 Rendering judgments :

A-     Among the important principles when passing sentences relating to the errant juveniles is to take into consideration the circumstances surrounding the commitment of the offence and its gravity, in addition to the circumstances of the juvenile himself.

B-     Death sentence and physical (corporal) penalties cannot be issued against the errant juveniles. According to the national legislations, there was not and will not there be a place for executing death sentence in Jordan on children.

C-     There is an intrinsic legal rule that applies to juveniles only. it is the jurisdiction of the judge to stop the case proceedings any time he wishes when he feels that the complete stoppage of the proceedings seems a better course in the case before him . but this rule is not applied in Jordan because there is no penal origins relating to the juveniles though there is a similar text that applies to the adults only . Article (45) of the penal code allows the stoppage of the execution of the punishment if the court finds that the morals of the convicted or his past or circumstances warrant the stoppage of the implementation of the penalty. There is no room to apply this text on the errant juveniles.

5-               The post sentence stage

A-                Curative treatment outside the reformatory institution: what is meant here, according to the Beijing Rules, is the effective execution and monitoring of the custodial punishment verdicts against the errant juveniles. This can be done through the same authority that has decreed them represented here by the court or through another authority concerned with the execution and monitoring represented by the conduct monitor within joint coordination mechanisms with the court. Though very little there measures exist in the national law which is exclusively mentioned like the placement under the supervision of the probation officer. Yet the actual application is inconsistent neither with the where withal of the law nor with the international standards regarding the follow up and the observation mechanisms on the effectiveness and success of the measure that is required to be implemented by the convicted. For the purpose of these mechanisms, some states created the post of the judge of the execution of the penalty whose authorities are characterized by flexibility and transparency, but this is not applied in Jordan.

B-                 Curative treatment inside the reformatory institutions:

1-                             The basic goal of placing the juveniles in punitive institutions that is for them only is to provide them with the necessary protection and care in order to assist them to assume productive roles in the society. They are qualified to be offered distinguished services that increase their contributions and abilities to awards that which is good for them and their future. In article (26/4) the Beijing Rules assigned a special text regarding the treatment of the detained girls on the bases that they receive lesser preference than their male counterparts and that special care must be directed towards their problems. It is noted that the errant girls in the Khansaa centre for girls are less in number then the girls exposed to danger. During the period Jan.1, 2007 – June.30, 2007 the number of the girls who entered the Khansaa centre was (96) girl in need of protection and care vis–a–vis (30) errant girls who committed crimes punishable according to the law. in complete contrast , the ratio if the male juveniles in need of protection and care was mush less than that of the errant ones . Which demonstrates the need of the girls for a special and distinguished treatment from the family and the society for their best interest?

 According to the text of article (31) of the juvenile's law, the Jordanian legislator has classified the children who are exposed to risk of delinquency, described them as being in need of protection and care, they are:

2-                             The one who is under the care of a father or guardian who is unsuitable to care for him due to his criminal acts, addiction or morally dissolute.

3-                             Who commits acts relating to prostitution and sinfulness (dissolution) or serve those who perpetrate such actions.

4-                             That who has no fixed abode or sleeps on the streets.

5-                             That with no legitimate means of living or dependent and his parents (or one of them) were dead or in person or absent .

6-                             The one with bad conduct and outside the authority of his father or mother or guardian, or that the person in charge of him was dead or absent or legally incompetent.

7-                             The one who begs in anyway.

8-                             The one who is the legitimate or illegitimate son of a father who was convicted of an immoral offence with anyone of his children where there were legitimate or illegitimate .

9-                             The one who suffered a deliberate harm from either of his parents or wife.

10-                        That who is exposed to a great danger if he stays with this family.

11-                        The one who is exploited in the acts of begging, prostitution, moral depravity or corrupting morals.

In no way can a child be separated from his parent or guardian without a definite and final decision from a competent court.

2- The welfare services: they are a group of services that are provided to a detained children in the area of :

A - Social care.

B- Health care.

C – Psychological care .

Social care involves providing international programs and activities like educational and religious teaching with the aim of habilitation the juveniles and integrating them in society. And external activities like practicing all kinds of sports in cooperation with some clubs. Most of the administrations in the various juvenile's centers in the kingdom try to emphasize the continuity of contacts with the family by encouraging visits and allowing the juveniles to leave the institution for a period of no more than a week to visit their families during the holidays and occasions provided they were of good conduct.

The vocational rehabilitation services is provided to the juveniles to develop their abilities and empowering them the post – detention period and facility the process of their integration in the society in an effective and productive  manner.

Health care involves providing complementarily medical serviced by the medical staff of the ministry of health. In addition to the cares appointed by the ministry of social development.

Psychological care involves the appointment of psychological specialist in some centers and the follow up of the difficult cases with doctors who are accredited by the ministry of health.

 Generally, the total welfare services that are provided to the detained children like accommodation, food, clothes and bedding are described as being good, and provide the necessary requirements for the juveniles who are placed in thee institutions.

Recommendation:

1.                 The establishment of a specialized judiciary that handles all the stages of the trial to ensure the courts system fair trial for the juveniles that handles also the litigation of juveniles away from the adults in the joint crimes.

2.                 The necessity of acceleration the legal and the administrative measures aimed at amending the juvenile's law no. :(24) for the year 1968 and its amendments , On the basis of the consistency of the national laws with the convention of the child that was published in the official gazette. This will contribute to the creation of a more flexible legislation foundation in the area of employing alternations to the detention within a comprehensive plan to develop the mechanisms of dealing with the juveniles and with emphasis on the conjoint role of the different sectors, including the civil society associations.

3.                 The trend towards the application of the penal intervention in the juvenile's cases, especially since the alternative methods of settling the conflicts amicably, has become preferable to the traditional litigation proceedings due to the increasing and continuing awareness of the importance of the application of the alternative system with the necessary flexibility to settle the conflict. The courts and the judicial authorities began to contribute to the enhancement of the status of the alternative means to settle the conflicts amicably.

4.                 Giving the juvenile more guarantees through the enhancement of the role and responsibility of the probation officer, and making a condition of the presence of the guardian of the juvenile throughout all the stages of investigation and trial.

5.                 imposing the follow – up of the juvenile by the probation officer from the onset of the legal process as an added guarantee for the fair trial, and to enlighten the concerned prosecutor – general in understanding the condition and the conduct of the juvenile before deciding to suspect or to charge .

6.                 it is imperative that the court hears the report of the probation officer in front of all the parties to the case, so that all can discuss it and respond to it And not only receiving it before passing judgment.

7.                 The extent period of the pre-trial detention of the juvenile (who has completed 18 years of age) during the pending trial in the juveniles institutions instead of referring him to the centers of reformation and habilitation (adult prisons).

8.                 It is impetration to have legal representation as a basic right to the juvenile … especially in the serious felonies and crimes.

9.                 The emphasis on the principle of the privacy and the secrecy of the trial of the juveniles regarding the passing of the judgment as (annoying verdict) all the rest of the proceedings of the trial.

10.             the adoption of designation that more consistent with the social and economic transformations in Jordan , and with the international convention of the child and the modern concepts of the restore Tory justice like using the term divergent juvenile instead of the delinquents and depositing or placement instead of arrest and regulation instead of punishment.

11.             The necessity of increasing the site – visits judges of the juveniles for the institutions of on a periodical report must be submitted to his Excellency the president of the judicial council.

12.             Conducting specialized training sessions regarding the rights of the child and the mechanisms of dealing with the errant juveniles and the methods of avoiding crimes according to the international standards. These must be held on continuous basis for the quarters that deal directly with the children who are in conflict with the law.