Juvenile injustice: Best interests of child must be at forefront

LETTER | Voice of the Children (VoC) welcomes the Inspector-General of Police’s statement to investigate the alleged physical and sexual assault of a child detained in probation hostel in relation to a high-profile murder case.

Investigation must be concluded swiftly and carried out incisively given that the alleged abuse perpetrators and victim are children.

This allegation brings to light the need to reform the criminal juvenile justice system to improve the protection of children in conflict with the law. 

Repeatedly, we have seen how those in authority have failed the children treating them as if they are guilty until proven innocent. This episode is another in a long line of cases that opens up the bigger question of the treatment and care of children in government facilities.

Children deserve to be fully protected within the criminal justice system, from the moment of arrest and throughout the criminal justice process. 

Every agency must consider the best interests of the child. Public interest or the profile of parties in a case must not override or overshadow the child’s best interest.

It is important for us to realise that children are still developing and we ensure that they are provided with the best environment to flourish in. 

A child’s encounter with the criminal justice system can have a negative impact on a child that can often increase the likelihood of recidivism. 

It is up to us to ensure that the encounter is a positive one.

It is alarming that the judge hearing this matter, having knowledge of the allegations and in spite of the application by the lawyers returned the child to the place of the alleged assault potentially leaving the child further at risk.

The writers are chairperson and vice-chairperson, respectively, of children's advocacy group Voice of the Children.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.