Safeguarding Children's Rights in Pre-Trial Investigations: Compliance with International and EU Legal Standards

• In Event: Diversion, assessment and pre-trial decision making in juvenile justice systems

Abstract

Ensuring the rights of children in pre-trial investigations requires strict adherence to international and EU legal standards that safeguard their fair trial rights. The presentation examines the extent to which Lithuanian pre-trial investigation procedures comply with international human rights law and Principles on Effective Interviewing for Investigations and Information Gathering (Mendez’s Principles), which advocate for non-coercive and rights-based interviewing practices.
International and EU law establish critical legal safeguards for children in criminal proceedings, including the presumption of innocence, the right to remain silent, protection from discrimination, access to legal representation, and safeguards against coercion. The UN Convention on the Rights of the Child and the EU Charter of Fundamental Rights specifically require that children’s best interests be a primary consideration in all legal actions. Furthermore, EU directives mandate that children receive specialised legal assistance, child-friendly interviewing, and individual vulnerability assessments to prevent unfair treatment.
While Lithuania has implemented several protective measures—such as the right to an interpreter, restrictions on pre-trial detention, and safeguards for child witnesses and victims—gaps remain in the treatment of child suspects. Unlike international and EU standards, Lithuania lacks a specialised juvenile justice system, does not guarantee continuous and high-quality legal defence, and provides insufficient clarity on procedural safeguards for arrest and detention.
To strengthen compliance with international standards, Lithuanian legislation should establish a juvenile justice system focused on the child’s best interests, provide more robust legal protections for child suspects, and ensure that evidence obtained through coercion is inadmissible. Clarifying procedural timelines, enhancing legal aid provisions, and defining “immediate” notification periods would also improve safeguards in pre-trial investigations. Adopting these reforms would ensure that child-friendly justice principles are upheld, preventing wrongful convictions and promoting fair trial rights in Lithuania’s legal system.

Author

• Anzelika Baneviciene, Mykolas Romeris University (Lithuania)