Given the situation, some serious questions arise as to the legal status of these young detainees. Although an investigation into the legality of the detention centre at Feydhoo Finolhu is beyond the cope of this study, it would be remiss of a study such as this— commissioned by the Human Rights Commission—not to highlight the issue even if summarily. Feydhoo Finolhu detention centre and international law Article 37 of the UNCRC, particularly Article 37 which states: States Parties shall ensure that: (a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age; (b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time; (c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances; (d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action. Other UN instruments dealing with the deprivation of children’s liberty include: United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules, 1985); United Nations Rules for the Protection of Juveniles deprived of their Liberty (The Havana Rules, 1990); United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines’, 1990); United Nations Guidelines on Justice in matters involving Child Victims and Witnesses of Crime (ECOSOC Res 2005/20, 2005); Guidance Note of the United Nations Secretary-General: United Nations Approach to Justice for Children (2008) 58

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