Attorney General's Office submitted comments on the report of the Committee on Evaluation of Criminal Responsibility System for Adolescents

The Attorney General's Office, through the Officer for the Defense of the Rights of the Child, Youth and Families, attended the public hearing, convened by the Congressional Angela Maria Robledo and Navas Talero Germain, analyzed in the Congress the current issue of PACU.

In course of the hearing, the prosecution raised comments on the report which was submitted by the Evaluation Commission of the PACU. The prosecutor delegated Ilva Hoyos Myriam Castaneda reaffirmed the importance of defining a governing body for the System, to be responsible for promoting standards for legal protection and restoration of the rights of children and juvenile offenders of criminal law, in coordination with the Colombian Family Welfare Institute (ICBF), under the principles of best interests, protection and integral differential approach.

Among other things, noted the need to coordinate relations between the executive and judiciary and enforcement agencies for the development and consolidation of public policy on justice, including juvenile justice.

The delegate of the Attorney General said that the enforcement of sanctions in the PACU is governed by principles and criteria established by Law 1098 of 2006, so this issue is inappropriate for staying in prisons and prison issues for adults. He further noted that the restoration of rights can not be confused with the purpose restorative PACU and pedagogical purposes, protective and educational sanctions "must be a qualitative leap towards full protection to create conditions that enable the risks of violation of rights, "he said.

On the other hand, reminded the Attorney General's Office the need to regulate the principle of opportunity in the PACU, as it has in relation to adults, and promote wider application of this principle as a mechanism for juvenile offenders take awareness of the damage caused to his victim and repair, especially when the Code of Childhood and Adolescence states that its application should be preferred.

He also suggested the transposition of the right child of reference, under which prosecutors may refer adolescents to a program of orientation and training, along with their parents and caregivers, when they commit minor offenses, is ie those who have not planned deprivation of liberty, which would help to decongest the PACU and promote stewardship of the family. Further noted that, to fulfill its purpose restorative, is of utmost importance that there judges specialized enforcement of sanctions for this system.

The company reiterated that attorney does not share the proposal that the Home Office is the governing body of PACU, in fact ratified the reasons for its legal position regarding the desirability of the Ministry of Justice and the law assumes the rectory system, considering that, as its name implies, has a judicial character.

In connection with the re-socialization and rehabilitation of juvenile offenders, especially those with mental health problems or use of psychoactive substances, the delegate urged the ministries of Health and of Education to assume its full responsibilities and to continue the educational process for adolescents in conflict with the law, according to their age and grade level, so that the state supply cover 100% of this population, which would decrease the rate of recurrence in the commission of crimes.

During the event, made allegations about the drug problems of rehabilitation centers for children in Bogota and Medellin, where visits have already been made by the Attorney General's Office. The delegate of the Attorney General warned that the national government by the absence of a public policy focus on children and adolescents who are serving their penalties in the centers of rehabilitation, while families claimed to also assume responsibility for the process.