RTP CP UNPOL Module 3

How to Support Child-Friendly

Apprehension, Arrest and Detention

Reinforcement Training Package on Child Protection for the United Nations Police 2023
 Aim

UNPOL has the responsibility to monitor, mentor

and advise the host-State Police on apprehension,
arrest and detention

It is crucial that UNPOL officers know their specific

mandate, be familiar with the national legislation
of the host country, and understand and apply
international guidelines concerning the
apprehension, arrest and detention of children

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 Learning Objectives

At the end of the module, learners will be able to

demonstrate how to:
▪ Support the host-State police in understanding
and applying child-sensitive practices in
apprehension and arrest
▪ Support the host-State police in understanding
and applying child-sensitive practices regarding
detention (with a focus on alternatives to
detention)

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 Module Overview

Support the host-State police in understanding and applying

child-sensitive practices concerning apprehension and arrest
Learning Activity 3.1 – Case studies

Support the host-State police in understanding and applying

child-sensitive practices regarding detention
Learning Activity 3.2 – Case study and role-play

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Definition of Apprehension

“Apprehension is the act through which an individual is

placed under the effective control or custody of United
Nations personnel. Even though an apprehension may look
very much like an arrest, in practice, the United Nations
uses the term to clarify that it will generally not act as a
matter of criminal procedure, exercising the powers of a
sovereign State, but rather in execution of its protection of
civilians or other mandates or to defend itself.”

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Definition of Arrest

“Arrest is the act of apprehending a person for having

allegedly committed an offence or by the action of a
competent authority.”

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 Learning Activity 3.1

Instructions

▪ Discuss the four case studies in groups (25 minutes)

▪ Each group will answer the three questions
▪ Each group will present the key elements of the case
study and their answers to the plenary

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Case study 1: Good practices

▪ Protect the child from the crowd and stop the aggression

▪ Take the child away quickly to ensure his safety

▪ Ensure the child gets medical attention first

▪ Contact the family

▪ Offer water and food while in custody

▪ Avoid placing the child in a cell with adults, children of the

opposite sex, or convicted children

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Case study 1: Practices to be changed

Officers should:
▪ Inform the child about the procedures
▪ Interrogate the child with parent(s)/guardian(s)
present
▪ Transfer the case to another officer if their shift is over
▪ Call a social worker
▪ Call legal counsel
▪ Explore diversion measures
▪ Assume that the child is innocent

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Case Study 1: Minimum age of criminal
responsibility

▪ Host-State police are bound by national law

▪ Difference between “age of majority” and “age of

criminal responsibility”

▪ Recommended minimum age of criminal responsibility is

14 years

▪ A child below the minimum age of criminal responsibility

should not be arrested or prosecuted for any crime

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Case study 1: Parents or guardians

▪ Children have the right to be informed and the right to

express their views
▪ Parent(s)/guardian(s) must be notified of the child’s
arrest
▪ Parent(s)/guardian(s) should be allowed to attend the
interview

▪ The police must exercise their judgment on a case-by-

case basis regarding the parents’ presence

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Case study 2: Good practices

It is good practice to:

▪ Protect the child and remove him/her from a place

where he/she may be harmed

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Case study 2: Practices to be changed

Officers should:
▪ Attend to the child’s medical needs first
▪ Consider alternative measures to detaining the child
▪ Inform the child of his/her right to legal assistance
▪ Interview the child with his/her consent or in the
presence of his/her parent(s)/guardian(s), or legal
counsel/social worker and NOT use coercive technique s
▪ Verify if parent(s) are living in the area so as to inform
them

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Case study 2: Practices to be changed (cont.)

Officers should:
▪ Contact the competent national child protection
authorities in the area
▪ Refer cases to a DDR programme
▪ Transfer the case to social services
▪ Apply the do no harm principle
▪ Detain a child only as a last resort
▪ Contact the UNPOL Child Protection Focal Point and the
Child Protection Adviser for advice

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Case study 2: Treatment of the child during arrest

▪ Concept of proportionality

▪ The child must not be subjected to any brutality,

violence or torture

▪ Use of firearms, electric shock devices and violent

methods to apprehend and arrest children is prohibited

▪ Limits on the use of force and instruments of restraint

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Case study 2: Treatment of the child during
arrest (cont.)

▪ All interventions must respect the child’s privacy and

dignity

▪ The minimum amount of force necessary to ensure the

safety of the child and the police officers may be used

▪ Humane treatment of the child

▪ The alleged incident should be independently

investigated and reported in a timely manner

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Case study 3: Good practices

It is good practice to:

▪ Complete a report for every incident

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Case study 3: Practices to be changed

Officers should:
▪ Consider the concept of proportionality and not use
disproportionate force to apprehend a child

▪ Inform the child of his/her rights

▪ Consider the concept of necessity and not use

handcuffs or other restraints when apprehending a child

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Case study 3: Practices to be changed (cont.)

Officers should:
▪ Consider an individual who looks like a youth to be a
child, unless proven otherwise

▪ Contact social workers when dealing with children

▪ Seek interpretation assistance if deemed necessary

▪ Contact the UNPOL Child Protection Focal Point and the

Child Protection Adviser for advice

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Case study 3: Age assessment

▪ The age of the child should be verified as soon as

possible
▪ This can be done based on the child’s statement,
testimony from the child’s parents, the child’s birth
certificate or identification card, etc.
▪ A child’s age can only be estimated; it is not possible to
accurately assess a child’s age based on his/her
physical appearance
▪ When in doubt, treat the suspect as a child

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Case study 3: Due process

▪ UNPOL should guide the host-State police’s approach

▪ Child Protection Advisers are the most suitable actors to

provide expert advice

▪ UNPOL officers should refrain from interacting directly

with children

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Case study 4: Good practices

▪ The children appear to have been arrested and brought

to the police station
▪ No information is provided about the way in which the
arrest was made nor the condition of transportation to
the station

▪ It is assumed that arrest and transportation are carried

out in accordance with international standards, until
proven otherwise

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Case study 4: Practices to be changed

Officers should:

▪ Consider children to be innocent, until proven otherwise

by the justice system

▪ Never exercise physical or psychological violence

against children

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Case study 4: The child’s dignity

▪ Children presumed to be associated with terrorist

groups should be treated as victims

▪ Arrests should be carried out with respect for the child’s

dignity

▪ Actions that humiliate, arouse fear or a feeling of

inferiority in the child, or that are aimed at breaking the
child’s physical or psychological resistance = torture

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Case study 4: The child’s dignity (cont.)

▪ Coercive interviewing methods and techniques are

prohibited

▪ Use of force against children under arrest is only

permitted if it is non-discriminatory and strictly necessary
and proportionate to achieving a legitimate objective

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Case study 4: Access to a lawyer

▪ Children should have access to a lawyer from the

outset

▪ Legal access should be free of charge

▪ Conversations between the child and his/her lawyer are

private and must not be monitored nor recorded

▪ Conversations between the child and his/her lawyer

should be in person

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Key messages for Learning Activity 3.1

▪ International standards guide UNPOL officers in

mentoring the host-State police on apprehension or
arrest of a child

▪ Any law enforcement authority who does not uphold the

rights of the child to dignity, protection and
proportionality regarding the use of force should be held
accountable

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Key messages for Learning Activity 3.1 (cont.)

▪ International standards provide guidance on:

o The length of detention
o Assessing the age of the child
o The child’s right to remain silent
o The right to be presumed innocent until proven
guilty
o The obligation to consider the best interests of the
child
o The child’s right to express his/her views on matters
concerning him/her
o The right to maintain regular contact with his/her
family
o Access to legal counsel

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Definition of Detention

“The temporary deprivation of liberty of a person […].

Detention commences from the moment of
apprehension and continues for as long as a person is
deprived of his/her liberty and remains under the
effective control of [law enforcement authorities],
regardless of the duration of the detention, and ends
upon release or handover .”

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Definition of Places of Detention

“Places of detention refer to all places where children,

may be deprived of their liberty, such as prisons,
police lock-ups, pre-trial detention centres, military
camps, social care facilities, institutions for persons
with disabilities or for persons addicted to drugs or
alcohol, orphanages, children’s homes, institutions for
the educational supervision of children, psychiatric
hospitals, mental health centres or migration
detention centres.”

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Learning Activity 3.2

Instructions

▪ Work individually to identify as many key messages as

possible that should be shared by the UNPOL officers to
address the way in which the host-State police dealt
with this case (10 minutes)
▪ Discuss your advocacy points in pairs (10 minutes)

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 Case study: Situation

On 16 February, the Central African Police received a call about a vehicle

belonging to an NGO that was reported as stolen, was seen parked in a Seleka
militia stronghold in Bangui.

The host-State police arrested three individuals who were dismantling the vehicle
for parts. The three individuals were taken to the local police station, where they
were put in a cell. One of the individuals told the police that his name was
Aboubacar and that he was 16 years old.

On 21 February, two UNPOL officers deployed with MINUSCA visited the police
station. They see that the three individuals are held in one cell. Aboubacar looks
very sick, and he tells the two UNPOL officers that no one is taking care of him and
that he wants to see his parents.

The UNPOL officers talk to the Commander of the police station about the situation.
The Commander says that the police do not have enough funds for medication for
all the detainees. He also says that he does not believe that Aboubacar is a minor;
he is tall and he looks older than 16. He further states that he is sure that Aboubacar
is a member of Seleka. The host-State police took statements from all three
individuals and plan to refer the case to the prosecutor the next day.

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Case study: Advocacy

▪ Relevant international norms and standards on justice

for children are not implemented at the same level in
every country
▪ Building strong relationships with local law
enforcement authorities can facilitate UNPOL’s
advocacy work
▪ Breaches of international norms and standards must
be reported to the UNPOL Child Protection Focal Point
and to the Child Protection Adviser

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Case study: Detention as a last resort

▪ Child protection measures should be applied if the

child is considered a danger to himself/herself or
others
▪ Child protection measures should be prioritized over
detention
▪ The child should be charged within 24 hours from the
time of arrest/apprehension (or less, as provided for by
national law) or be released
▪ There should be regular opportunities for early release
of children from police custody
▪ Access should be given at all times to UN child
protection and human rights staff
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Case study: Pretrial detention

▪ Arrest is usually the starting point of pretrial detention

▪ Pretrial detention should be a measure of last resort

and for the shortest time possible

▪ Pretrial detention should not be used except in the

most serious cases, and only after community
placement has been carefully considered

▪ Pretrial detention shall last no longer than necessary to

achieve its objectives

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Case study: Pretrial detention (cont.)

▪ Children should not be detained in transport vehicles

or in police cells, except as a measure of last resort
and for the shortest period of time

▪ Children should not be detained for the purpose of

intelligence gathering

▪ At all times access should be provided to UN child

protection and human rights staff

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Case study: Conditions of detention

▪ Children must be detained separately from:

o Adults
o Members of the other sex (e.g., girls separate from
boys)
o Others in different stages of the judicial process (e.g.,
accused children separate from convicted children)

▪ Children should receive protection, medical attention

and care, including food and water

▪ Children should have prompt access to legal and

other appropriate assistance

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Learning Activity 3.2 (cont.)

Instructions

▪ Four volunteers will role-play the interaction between

two UNPOL officers, one host-State police officer and
one host-state Police Commissioner (15 minutes)

▪ The role-players shall:

1) Present the alternative measures to detention
applicable in South Sudan
2) Discuss how alternative measures to detention can
be included in the training for the host-State police

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 Role-play: Situation

Two experienced UNPOL officers deployed with UNMISS have been

asked to prepare a training for the host-State police working in Juba.

The host-State Police Commissioner asked UNPOL to focus on

alternative measures to detention of children that the police could
take.

In preparation for the training, the two UNPOL officers will meet with
the host-State Police Commissioner and a police officer. They will
present the alternative measures that they plan to propose for the
training and explain how these alternative measures are applicable
in South Sudan.

The two host-State officers will ask questions to clarify the concepts
and assess their applicability in their context.

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Role-play: Advocacy

▪ Alternatives to detention may be more challenging to

implement
▪ Most international norms and standards relating to
justice for children are not open for adoption and are
therefore not binding
▪ International norms and standards constitute
important moral and practical guidelines for States
▪ The role of UNPOL officers is to advise the host-State
police on the implementation of international norms
and standards

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Role-play: Alternatives to police custody

▪ Measures for dealing with children without resorting to

judicial proceedings include:
o Permitting the child to remain free, without bail, until
a verdict is issued
o Placing the child under house arrest or the supervision
of parent(s)/guardian(s)
o Placing the child in an open facility
o Referring the child to social services for care,
guidance and/or supervision
o Counselling
▪ Payment of a bail bond (money) should never be a
requirement for alternative measures

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Role-play: Diversion

▪ Diversion at the pretrial stage avoids the use of

detention

▪ Diversion can include:

o Issuing a verbal warning to the child
o Handing over the child to his/her parent(s) or
guardian(s)
o Requiring the child to perform community service
o Imposing a fine on the child or his/her parents
o Compensating the victims of the offence committed
by the child

▪ Diversion enables the child to avoid a criminal record

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Role-play: Alternatives to detention in
sentencing measures

▪ Sentencing is not the duty of police officers, but they

may be asked to follow-up on children placed outside
detention facilities

▪ Alternatives to detention in sentencing measures:

o House arrest
o Placing the child in an open facility
o Imposing a conditional suspended sentence
o Suspended verdict
o Community work
o Supervision
o Restorative justice measures
o Education and vocational training measures
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Key messages for Learning Activity 3.2

▪ Detention (including pretrial detention) should only be

applied as a measure of last resort and for the shortest
possible time

▪ Detention should not be used except in the most serious

cases and even then, only after community placement
has been carefully considered

▪ International standards exist to guide UNPOL’s mentoring

role to support the host-State police in the apprehension,
arrest and detention of children

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Key messages for Learning Activity 3.2

▪ Diversion measures include issuing a verbal warning to

the child, imposing a fine on the child or his/her parents
or compensating the victims of the offence

▪ Alternatives to detention include placing the child under

house arrest, placing the child in an open detention
facility or imposing a conditional suspended sentence
(probation)

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