Tuvalu: Simona v The Crown, [2002] TVHC 1; Case No. 1 of 2002 (12th August, 2002)


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The High Court of Tuvalu cited the CRC in interpreting the Constitution, which failed to protect the legal rights of children in situations in which children defendants had not yet been interviewed by the police. Through the CRC, the Court held that children in police custody had the right to be informed by the police that they had a right to have a parent, guardian or legal adviser present. The Court also held that the police must take reasonable measures to ensure that such assistance was in place before the police could interview the child.

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