KUALA LUMPUR: Something is wrong when a juvenile is in Kajang Prison for stealing a chicken and "out-of-control" children are sent to orphanages.

Suhakam commissioner Datuk Dr Chiam Heng Keng said these examples revealed the inadequacies of the judicial system where juveniles were not given the consideration they deserved because of their age.

"The child in prison is a classic example of an incompetent judge (at work). Even prison authorities are shocked by this case. He should not have been sent to prison at all.

"As far as the children being sent to orphanages is concerned, orphanages are clearly not meant for juvenile offenders."

Chiam said the judicial system needed to recognise the fact that "juveniles have rights, whether or not they are in conflict with the law".
It is this that necessitated trials involving juveniles being placed on the "fast track" with juvenile witnesses given protection and medical treatment, such as psychological counselling.

In the case of rape cases where the victims were juveniles, they should not come into contact with the perpetrator, she said. In such cases, the juveniles should give their evidence via video conferencing and enter the court through a separate entrance.

"(Unfortunately), Malaysians are more inclined towards using punitive action on errant juveniles than rehabilitation,' she told a news conference held by Suhakam to announce Malaysian Human Rights Day on Tuesday.

This year's theme will be "Human Rights and the Administration of Juvenile Justice".

Under the law, anyone under 18 is considered a juvenile.

She said juveniles committed crimes out of ignorance, rebellion or even for a dare. As such, rehabilitation was the best alternative for juveniles as it would teach them how to deal with bad influences.

According to her, research had proved that punitive punishment encouraged juvenile delinquency while rehabilitation allowed reintegration into society.

"Children are sometimes the victims of the input they receive from adults who do not have proper parenting skills or the school system which tends to glorify academic performance."

She said Suhakam would hold a conference on Human Rights Day to identify the strengths and weaknesses of the protection mechanism and support system for reintegration of children in conflict with the law.

Another goal of the conference was to examine mechanisms governing juvenile justice in Malaysia to note whether they complied with international human rights standards.

She said that although Malaysia had ratified the United Nations Convention on the Rights of the Child in 1995, it was lacking in adherence to the convention.

Chiam said the final goal of the conference was to improve laws and procedures applicable to juvenile offenders and child victims.