Taking care
Experience in taking care of an unaccompanied child victim of trafficking (the Catania Prosecutor’s Office)

Within the Italian criminal justice system, the procedural differentiation given by the existence of the Juvenile Court and the application of Law 448/88, the so-called “Juvenile Criminal Procedure Code”, should be highlighted. Unaccompanied migrant children who find themselves in the condition of being victims or witnesses of a crime, as already mentioned, must interact with magistrates (judges and prosecutors) who usually operate in the context of the ordinary court and the public prosecutor’s office who usually operate with adults.

However, from the interviews carried out during the research of the CFJ-DCSCP, some very positive experiences emerged in terms of referral and taking charge of the victims by the system. Unfortunately, unaccompanied children often find themselves victims of crimes such as exploitation for work and sexual purposes and human trafficking. In addition to these, there are other forms of even more heinous crimes that require further efforts by the judicial authorities to protect the victims.

The Italian system has made considerable progress in the management of cases and in the care of these victims. What we can now call the multi-disciplinary or multi-agency approach has evolved considerably over the years thanks to the dedication, perseverance and commitment of the institutions involved and the organizations experienced in combating and countering these phenomena.

The multi-agency model implemented by the Catania Public Prosecutor’s Office, which is particularly committed in fighting against sexual exploitation of young girls, is based precisely on an intervention that involves different actors with different tasks and functions and has been developed with a local protocol that involves different actors:

• Police – investigation activities;
• International organizations – responsible for the anti-trafficking information during disembarkation and pre-identification of victims;
• Voluntary guardian – responsible for the protection of the child;
• Juvenile Court – judicial authority for the protection of child;
• Public Prosecutor’s Office – investigating judicial authority;
• Anti-trafficking bodies – responsible for taking charge of the victims of trafficking who decide to join the emersion program;
• Reception agencies – organizations that manage reception facilities;
• Ethno-psychiatry Unit – medical unit of the ASP that operates specifically to support UAC victims of trauma related to the migration path.

The prosecutor office has the leading role and the responsibility to liaise and coordinate with the other actors involved in the different stages of the proceeding.

A certainly fundamental task is carried out by the operators of the international organizations present during the disembarkation. Their task is to make a preliminary identification of potential victims (within the juvenile population and beyond). This activity is usually carried out in a very excited and less organized phase, where in addition to the presence of NGO operators there is always the presence of police and immigration authorities. The context of disembarkation is certainly not the appropriate setting for the identification of vulnerabilities or for the interpretation of indicators to read conditions and thus arrive at a pre-identification of the victims.

The connection and referral activities between the international organization, the reception center, the asylum and immigration authorities, the voluntary guardian and the prosecutor’s office, make it possible to reach a preliminary identification of the victims and the consequent protection of the person.

Victims who were able to feel welcomed and understood and decided to report the crime they had been subjected to were placed in specific programs (ex art. 18 TUI 286/98) and were guaranteed to receive adequate services for psychological and social support as well as an insertion program that would allow them to emancipate themselves and therefore not to develop a connection with the perpetrators of the exploitative crime.

Informing the child victim of a crime

“Treating the child as someone who needs to be informed and counseled but also to understand in order to make choices is a duty of loyalty” [1].

Another fundamental element developed within the practice of the Prosecutor of Catania is related to the information to the child. Informing the child involved as a victim in a criminal proceeding, means to ensure his participation (as required by the EU directive).

The prosecutor oversees the investigation and has also the duty to inform the child. The child has the right to know how the procedure will be carried out, what will happen if the offender is arrested, what will be the consequences of the statements he/she will make.

The exchange of information between the prosecutor and the child does not always take place quickly for obvious reasons of lack of trust and because, in general, victims of crime are afraid to talk. Whenever possible, it is important to avoid conducting this type of meeting too early and, above all, it is essential to arrange several moments of confrontation with the other stakeholders involved (reception center, social services, psychologist, guardian etc.) to verify if there are any changes since the first meeting.

Even during the disclosure phase (pre-trial), the role of the network is crucial. The actors involved, the operators of the reception center and the various specialists who work within it (psychologists, social workers) play an indispensable role in making the choices clear to the child and in clarifying what other aspects may influence the decision to collaborate or not.

The figure of the specialised guardian appointed by the Juvenile Court, as a support figure for the child, is of fundamental importance. This figure, already regulated within the law, has undergone a revolution thanks to the regulatory intervention provided by the “Zampa Law” [2]. Registers for voluntary guardians have been set up and all members have received adequate training by institutions and major international agencies.

During the information phase, a particularly important role is played by the interpreter. Today, the term cultural mediator is used much more frequently. It seems obvious to make a distinction between the two roles, also because, as we have ascertained in years of activity, the communication barrier is not only given by the language difference but also by the different cultures. Usually, the prosecutor in charge of the investigations requires the presence of a mediator/interpreter who is of the same gender as the victim and who is preferably of the same ethnic group. The mediator/interpreter’s job is to develop an empathic relationship with the victim and facilitate the victim’s understanding of what is happening and what will be the next steps. It is also important that the mediator translates what is reported by the child in a faithful manner without changing the content of the questions asked and the answers offered.

From the experience of the Catania Public Prosecutor’s Office, it clearly comes out how the network mechanism is the basic construct to be able to carry out activities and initiatives such as individual assessment, referral and taking responsibility of the victims. The system operates in synergy avoiding repetitions and exploiting the information already acquired in a circular way, complying with the main international models and, above all, remaining in line with the EU Directive 29/2012. It also comes out of the need to push forward the good practice achieved and structure it within a model that can have the characteristic of replicability on a scale and can also be disseminated.

Social services
Experience in the care of an unaccompanied migrant child offender (USSM of Palermo)

During the research carried out within the CFJ-DCSC project, a positive experience emerged from the Social Service Office for Child (USSM) of the Juvenile Court of Palermo, which developed a reintegration path in favour of an unaccompanied child involved in criminal proceedings as an offender.

The child found himself involved in a criminal proceeding and thanks to the intervention of social workers working within the USSM, he was able to understand the crime committed, take responsibility, and accept the consequences. During the interview conducted as part of the project, the child repeated several times the positive, supportive and, above all, clarifying role played by the social worker of the USSM who constantly gave him information on the procedure, and counselling on the reintegration programme that he attended as part of his sentence [3].

As already mentioned, the juvenile criminal process is regulated by the Presidential Decree n.448 of 1988, the so-called “juvenile criminal procedure code” and therefore the jurisdiction in the trial of juvenile offenders lies exclusively with the Juvenile Court.

Initially, (compulsory) age assessments are carried out, where there is uncertainty about the evaluations on the personality of the child already carried out in other proceedings, to adjust the judgment to the conditions in which the child is. Art. 9 of Presidential Decree 448/88 provides that the public prosecutor and the juvenile judge shall acquire elements regarding the family and environmental conditions and resources, to ascertain the degree of responsibility of the child. For the same purposes, they may obtain information from persons who have had relations with the child and hear the opinion of experts.

The USSM office is generally appointed by the judge of the Juvenile Court to conduct the individual assessment. The USSM social workers conduct individual assessment with the child. There are local forms and guidelines developed internally that have been used to collect the relevant information on the child.

Although the EU Directive 800/2016 has not been formally transposed into the Italian legislative system, the provisions of the art 9 of the decree 448/1988 seem to be partially in line with the provisions of art. 7 of EU Directive 800/16 “…. individualization shall be carried out by specialized personnel who shall proceed to an individualized assessment that considers the personal, social, and family situation of the child and his/her possible vulnerabilities. The same should be carried out as soon as possible during the proceedings and is an element to be evaluated regarding the possible imposition of precautionary measures as well as the type and amount of punishment to be imposed. The individualization cannot disregard the involvement of the child and his effective participation in the process”.

The vulnerability of the child is determined not only by the age but also by the state of vulnerability, the type of crime committed, the circumstances of the fact. A series of subjective and objective elements are considered: whether the child has committed a crime with violence, whether he/she has been a victim of trafficking, whether the offended person is psychologically, economically dependent on the offender. This type of assessment is the responsibility of the judicial authority.

The procedure opens differently depending on whether the child is free or against whom a precautionary measure has been applied (arrest and detention). Precautionary measures are also provided for, such as the stay at home and the placement in a community; pre-trial detention in prison is considered the extreme penalty.

The 448/88 provides that the child must be heard. In most cases, foreign children are represented by the public defender with whom, unfortunately, they often have no contact before the preliminary hearing. On the contrary, the public defender has contact with the child and can explain the importance of the process and the hearings he/she will have to undergo. The guardian must be involved and informed. During the different stages of the proceeding an interpreter will be appointed by the judge.

Institutions are foreseen to facilitate the exit of the child from the criminal circuit: the sentence of not proceeding due to irrelevance of the fact, the judicial pardon and the suspension with probation, where the proceedings are suspended, and the child is subjected to a period of observation.

Probation is ordered by the social services and applies at the preliminary hearing stage. Art. 28 of Presidential Decree 448/88 refers to the suspension of the trial while art. 27 entrusts the president of the GUP (Giudice Udienza Preliminare) board with the power to control the progress of the trial. At the end of the period, if the outcome is positive, the offence is declared extinct.

In order to benefit from the suspension, a project must be presented by the Juvenile Social Services Office (called USSM), in collaboration with the social welfare services of the institutions. The USSM prepares a report of the project while the judge evaluates the adequacy of the probation program and solicits any modifications. If the juvenile does not successfully pass the probationary period, the trial is resumed.

The lawyer plays a particularly important role, as he or she often indicates to the USSM what the content of the program might be. In the execution of the program the USSM is the office with a decisive role in the front line. The lawyer can act as a go-between, verifying that the child complies with the programs described. The educational needs of the child are always protected and are at the basis of the choices made. When the suspension with probation is ordered, the rule provides to indicate in the program the participation in vocational training courses, mediation with the victim to repair the damage. The USSM prepares periodic and final reports on all the activities of the probationary period.

The juvenile system is not a punitive system but a re-educational one; all the professionals involved have specific skills because they must consider that they are dealing with a vulnerable subject as a child [4].

Social file
The role of the “cartella sociale” (social file) in the information system for children

A crucial role is played by the provision foreseen in art. 9 of the law 47/2017 [5] on the introduction of the social file and the Juvenile Information System.

The social file is not merely a tool for collecting medical history and data. It seems necessary, moreover, to prepare guidelines and implementation procedures to identify the essential elements of the social file and the subjects in charge of managing the information contained therein, which should not be limited only to personal and social data but contain, where present and in a fully multidisciplinary perspective, the observations of the condition of vulnerability of the child (social, psychological, and physical condition).

It would be appropriate that the social file, with all the necessary implementation of information, can follow the child to allow the sharing of all the news related to the child himself and his vulnerability.

The social file shall be filled in by qualified personnel of the care structure at the end of the interview and should clarify the reasons for the choices that affect the child, from educational to health care. The social file must be forwarded to the social services of the municipality and to the Public Prosecutor Office at the competent Juvenile Court. The social file is a tool available to qualified personnel and it serves to provide continuity in the care of the child through the transmission and sharing of information.

This is valid both for internal and external use. The purpose is to prepare an integrated assessment of the most suitable path for the child. There is no reason why the information contained in it cannot be used within the judicial system, especially in criminal proceedings in which the child is a victim or a defendant. Having already information on the child about vulnerabilities and potentials would ensure that the child would not be subjected to multiple evaluations and interviews (thus avoiding secondary victimization and distress related to having to tell their trauma) and the judicial system to be able to use information already found in other proceedings. The social file could be part of an individual assessment process and could be considered as a complementary tool that can give relevant info to assess vulnerabilities.

The social file, as described, would allow all the actors involved to document the different phases and interventions carried out within the reception and integration process of the foreign child alone. This type of social file would also allow for the analysis of useful data for the purpose of monitoring and improving the entire system [6].

The peculiar aspects of the social file:

• It is a document that talks about the child, his history, his path and his vulnerabilities and, above all, provides methodological information on how the elements were collected and evaluated.
• It is a tool that focuses on the evaluation of the child’s best interests.
• It is a tool that aims at the child’s participation in its construction.
• It is a tool that guarantees children, since it summarises the responsibilities of the various actors involved in the assessment and its drafting (particularly important is the protection of sensitive data and privacy).
• It is a tool that can be used by other territorial actors in the network.

In this way, the social file integrates the construction of a complete and reliable information system that can support unaccompanied foreign children in their integration process, but also facilitate the work of institutions, including judicial ones, in the management of cases of children who are victims of crime or suspects.

Example of the social file of the AMIF project:
https://www.interno.gov.it/sites/default/files/2020-11/14._cartella_personale_childe.pdf

Individual interview
Child friendly approach during an interview

In outlining the fundamental aspects of a model for the individual assessment of unaccompanied foreign children involved in criminal proceedings (victims or defendants), it seems appropriate to reflect on the use of some useful aspects before conducting interviews.

The interviewer

Children might have preference on the gender of the professionals who interview them (girls’ victims of sexual exploitation/human trafficking or SGBV survivors), some boys might prefer to be interviewed by female professionals since they are perceived to be calmer and kinder, or quite the opposite due to cultural considerations. It is fundamental to always try to have the interviewer of the same gender as the child, but it is more essential to ask the child if he/she feels comfortable with the interviewer or the cultural mediator.

The setting

At any stage of the proceedings, pre-trial or during the trial itself, it is good to consider some aspects that can have an impact on the outcome of the interview.

In some countries in EU are widespread the so-called “model Barnahus” [7]. Basically, is a child friendly and multiagency model developed in northern European countries. This model tries to respond to the needs of children who meet the justice system. In one place (a facility) a multidisciplinary and interagency team made by judges, prosecutors, social workers, psychologists cooperate to provide protective services for children and a child-friendly justice. Their services also include an individual assessment of the situation of the child victim or witness of violence. The crucial aspect is that Barnahus model is integrated in the judicial system and allows the possibility to collect audio-visual recordings of forensic interviews that could be used during the proceedings. In this way it’s possible to avoid secondary victimization and re-traumatization.

In other countries even though they do not have specific facilities designed for this purpose, the layout and setting of the rooms where the interviews with children are to take place are usually prepared by the person who is to conduct the interview.

Here are some general criteria for a room or a space that could be used to have interviews with children:

• An adequate color scheme to allow the child to feel comfortable.
• The room should be child-friendly but not childish. This is especially important when dealing with young adults in the age group between 15 and 18 years old.
• To avoid having dangerous objects and, above all, remove all things that could create distractions.
• To avoid other people’s documents (files and papers) in such a way as not to give the impression that the child is a file among others but instead is a person to care about.

Before starting an interview, it is necessary to arrange the chairs in the most appropriate way considering the profile of the child. If possible, physical barriers between the child and the interviewer should be avoided. It would also be important to sit in such a way that the eyes of the child and his/her interviewer can meet at the same level. In an ideal situation, the interview with the child should be videotaped. This would not only allow the acquisition of useful elements both during the investigation phase and during the trial, but it would also allow the reduction of further interviews that increase the stressful condition of the child. The video recording is useful in building a more natural relationship during the interview thanks to the fact that it avoids distractions given by the need of the interviewer to verbalize. The interviewer should always sit in front of the child, to maintain eye contact and leave the interpreter or cultural mediator in a lateral position with an equal distance from both interviewer and child (in a position close to the child suggests the idea that the interpreter is there to help answer the child and, in a position, close to the interviewer seems to be a helper of the same). The interpreter or cultural mediator plays a fundamental role during the interview. It should always be pointed out that the interpreter does not decide on the content of the questions and works only as a translator and mediator. Another fundamental role should be played by the child’s guardian or representative. He/she should be present during the interview (except in special cases) and should be able to sit next to the child and offer him/her support.

There should be tools in the room to facilitate expression and dialogue (pens, pencils, posters, sheets, games, etc.). Appropriate clothing should always be kept in mind. Often, young unaccompanied migrant children come from areas of conflict or have had negative experiences with military and police forces. It ‘s advisable to avoid wearing uniforms, so as not to generate additional stress and anxiety. It is also important to avoid exposure to religious symbols so that you are neutral and clear about the role.

Preparing the interview

The mental preparation of the interviewer is a fundamental aspect, and it should be always kept in mind that:

• children are very sensitive and perceive indifference towards them;
• personal attitudes and expectations towards the situation and the child can affect the interview as well as the questions that will be asked during the interview;
• keep outside personal prejudices to remain objective during the interview;
• remember the unbalanced positions between the interviewer and the child;
• be aware that feelings can have an impact in the course of the interview;

The main task of the interviewer is to obtain information from the child and, to do this in a child-oriented way. Everything is based on a relationship of trust. Trust is not easy to build, but when it is achieved, the quality and detail of the information is greater and more accurate. The primary objective is to establish a situation where the child feels that the interviewer can understand him/her and, above all, that he/she is willing to listen to him/her. The first contact with the child is fundamental. Every interviewer, before starting the hearing with a child, should ask himself/herself questions such as:

• Is communication going well?
• Where can I find information and tools to adapt my communication?
• Have I ensured that the child could express him/herself in his/her native language?
• How can I ensure that the translation is done in language that is appropriate for the child?
• What do I know about this child?
• Am I aware of the reality of the child’s country of origin, religion, or background?
• What is the goal that I can realistically achieve?
• What are my thoughts, and expectations about the case?
• Who will be present during the interview?
• Is there anything about my personal life that might influence this work?

First impressions are crucial, a high tone of voice must be avoided and also, it’s important to control non-verbal communication (body language). It’s important to be clear about the role, even with the help of the interpreter, and then introduce any other figures present. In this way, the centrality of the child will be promoted.

Using child friendly language is the key to establishing a good relationship. This does not mean that it must be a childish language. If the child does not understand the language, the use of an interpreter or mediator becomes essential, and the same relationship of trust must be built between them. It is necessary to help the child understand that the mediator is there to allow communication and understanding, but that he/she cannot intervene in any way to support or modify the content of the interview. During the preliminary phase of the interview, it is necessary to pay particular attention to any signs that might bring out emotional aspects not previously highlighted. Above all, one must pay close attention to listening. Attention to non-verbal communication also means observing facial expression, the tone of voice, the way of walking, all aspects that could be influenced by the child’s culture.

Getting to know the child

To start getting to know the child, it is necessary to start from the role of the interviewer and the purpose of the hearing. This will help the child understand what is happening. It is also helpful to start by asking about more general aspects of the child’s life by showing interest in getting to know the child.

Explaining the scope of the interview

When interviewing a child, it is important to stay connected to the role, but must also be able to get down to a less formal level. Introducing oneself by name makes the dialogue more real and allows the child to increase his or her sense of trust. Everything must be adequate with the level of maturity of the child and, clearly, the younger they are, the more difficulties they may have in explaining their roles and the purpose of the interview. At this stage, the use of drawings or activities through other tools such as games could be of great help.

How to explain the criminal procedure to the child

It all starts from the age of the child; a higher age generally corresponds to a greater degree of awareness and cognitive ability. Analyzing the condition of unaccompanied foreign children, it comes out that this path does not have this linearity. Other factors influence, such as distance from the country of origin, insecurity due to the absence of parental figures, language difficulties, all of which imply the need to implement specific measures to overcome them. Again, the two figures that intervene in support are the mediator and the guardian. Introducing and explaining the role of both is crucial.

Communication

Having positive communication during an interview with a child is the base to develop trust. Positive communication focuses on respect for the child and includes two phases: active listening and clear dialogues.

Adults often find it difficult to communicate with children, especially, when feelings and emotions take over.

It’s of crucial importance to avoid questions that contain a why. Although apparently simple, the question that contains the why tends to push the child to give an answer even if he/she is not aware of it. In these circumstances, it is appropriate to ask a question that contains a why in a different way. It’s also important to avoid hypothetical and suggestive questions. Hypothetical questions (what would you do if you were….?) should be avoided in order not to make the child build hypotheses; suggestive questions (don’t you think that it was wrong?) should not be asked because they stimulate the child to answer in the way the interviewer would like.

The interviewer shall offer clarifications and explain the steps that will follow the interview and what the different scenarios are.

There are cases, where in addition to the normal difficulty in building a dialogue and a relationship of trust, other difficulties arise. What to do, for example, when the child does not speak? This type of problem, which is very common, should be pre-identified and already known to the interviewer. In such cases, using different ways to communicate is useful to establish contact and develop a relationship. In addition to this case, there are other aspects that add complexity, for example, when the child is not able to concentrate on the requested topics, or when he/she feels uncomfortable with the interpreter, or when he/she shows disinterest or worse, behaves aggressively. A difficult situation, in general, occurs when communication is compromised, and the relationship of trust is undermined.

Children in the 14-18 age group are considered mature enough to be able to provide reasoned answers on issues. This is not always true and is not particularly true for unaccompanied foreign children. Different cultural and educational contexts can affect cognitive abilities, and this should be well considered.

It’s also relevant to encourage the child to narrate in his/her free expression so that the spontaneity of the narrative is not lost. For instance, during an interview, the interviewer should never interrupt the child who is telling some facts by proposing in-depth or different questions. In these cases, it is necessary to take note and ask for further information or clarification at a later stage. It is always useful to structure the interview on different levels: a level linked to the facts and a level linked more to the emotional sphere. It should be considered that the issue of the credibility of statements is always very delicate, especially with unaccompanied foreign children, always remembering that it is much easier to obtain authentic information when the child feels welcomed and confident in being able to tell his/her story freely. During an interview, it is always useful to introduce the new topic after being sure of having closed the previous one.

Closing phase

At the end of the interview, it would be useful to make a check through the use of a check list to check that all the necessary topics have been covered and if this has been done, one must move on to the conclusion. The European Asylum support office has developed different tools that are to be used in the context of the international protection recognition, to support the work of the caseworkers that have interviews with unaccompanied migrant children. Some of these tools can be adapted in the context of judicial activities. The use of specific checklist and monitoring tools is fundamental [8]. It is always necessary to remember not to leave open issues that have not been discussed in depth. At the end, it is appropriate to thank the child or his/her cooperation. Unaccompanied migrant children should not be considered as a vase that can be left without a lid. Tidying up is necessary in order not to create further trauma and disorder in the lives of people who are already in a vulnerable condition and, even more so, when in one condition or another they meet the justice system.

Country of origin information
Country of origin information in the criminal justice system

A typical tool in the refugee recognition procedure is the so-called Country of Origin Information (COI) search. This tool, necessary for the determination of international protection measures, can also be effective in the criminal prosecution phase (pre-trial and trial).

Just think, for example, of the context of victims of sexual exploitation. The scenario where the judge has to deal is not only that of the criminal phenomenon that affects the Italian territory but also its international dimension. The weight and repercussions of the statements made by a victim during investigations or trials do not remain within the borders of the country, but often affect the lives of family members who are exposed to a condition of risk to their own lives. Victims, worried about retaliation affecting the lives of their loved ones, become reluctant to speak out and this represents a limitation for the action taken by the prosecutor and judges.

Or in the context of an unaccompanied foreign child offender who belongs to an organized gang where the child will be reluctant to talk because of the code of organization. Knowing the context of gang means being able to interact with the child, during the individual assessment, with one of the most appropriate tools.

It is therefore necessary to ask questions to verify whether the child belongs to a vulnerable group, what specific risks he/she runs in his/her country of origin and what repercussions this has on the child and consequently on the individual assessment activity.

Developing and increasing skills and knowledge on the different realities of the countries of origin means facilitating the child in being able to tell and, above all, understanding in a more detailed way what the child will be able to tell. All this could complete the individual assessment procedure.

It seems useful to describe the general criteria for conducting COI research and how to use the information obtained. In very simple terms, we can define COI as information on the situation in the countries of origin of refugees that can be used to determine the need for international protection.

As mentioned above, COI has an informational function that can also be useful in an investigation or criminal procedure. The main elements that can be found through COI research concern the following areas:

• Human rights and security situation
• Political situations and the legal and legislative framework
• Cultural aspects and societal attitudes
• Humanitarian and economic situation
• List of security events and incidents

The key element of COI is the source, and it is essential that those conducting the research and publishing the results do not have a vested interest [9]. COI is country of origin information and does not contain procedural or legal elements. The purpose of COI research is to provide support to the decision-maker and should be combined with the further actions that take place during an individual assessment process. Relying on the content of a COI to practice choices is surely wrong. COI research should be used to corroborate certain statements that may be made during an individual assessment procedure.

Listed below are some of the main research tools through the web that are able to offer a variety of information on countries of origin categorized by themes:

www.ecoi.net – This is the most widely used information portal in Europe and was developed by the Austrian Red Cross. It is considered a very reliable and accurate resource with constant updating. The portal offers extensive focus on human rights issues.
www.refworld.org – This portal was developed by UNHCR and is the largest information site on refugee countries of origin.
www.accleddata.com – This is a site run by an independent organization; it offers information and disaggregated data on conflicts around the world and related security incidents.
www.ispionline.it – The Institute for International Policy Studies is now recognized as one of the most prestigious think tanks dedicated to the study of international dynamics.

Unaccompanied foreign children who meet the criminal justice system come from countries where the situation in terms of security and guarantee of human rights is rather precarious or compromised. The use of a tool such as the COI, by the prosecutor or the judge or, more generally, by those who conduct part of an assessment, is certainly important to learn about aspects of the child’s life that would otherwise be overlooked. A model for the individual assessment of cases of unaccompanied foreign children should also include training of the professionals involved on the use of these tools.

Cultural mediation
The provision of the role of cultural mediator within the juvenile and community justice system

Law N. 47 of April 7, 2017, the Zampa Law, provided specific provisions on measures for the protection of unaccompanied foreign children and recognizes that “unaccompanied foreign children are entitled to rights in the field of child protection on an equal footing with children of Italian or European Union citizenship.” This text of the law also indirectly promotes the use of the principles of juvenile-friendly justice, for example, when it recommends that communication with unaccompanied children take place with the help of a cultural mediator [10], in a language that he or she can understand and in accordance with his or her level of maturity and literacy. All this appears to be in line not only with Directive 800/16 and Directive 22/2012 but also with Directive 64/2010 on the right to interpretation and translation in criminal proceedings. Well, it is necessary to highlight what are the European experiences that have led to the emergence of the figure of the cultural mediator. In Italy and Spain there is the figure of the cultural mediator. This is, for the most part, a transversal competence that interpreters can acquire and is aimed at facilitating mutual understanding and therefore relations between people with different cultural backgrounds that goes beyond mere translation and interpretation [11].

In the good practices described above, those carried out by the Public Prosecutor’s Office and the anti-trafficking body for the protection of victims, we have been able to understand the centrality of the role of mediators in taking charge and supporting victims.

It seems useful to outline the basic features of the figure of the cultural mediator:

The cultural mediator is a specialized figure who operates in the field of interpersonal communication, but above all, can be defined as that bridging figure between different cultures; a qualified and experienced mediator is able to know the culture and language of one or more foreign countries, and, above all, has the tools to build the relationship between people with different cultures and languages. The figure of the cultural mediator is particularly relevant in the field of immigration, where there is often the need to interact with different cultures at different times, but certainly finds particular importance in other sectors including the justice system and especially the juvenile justice system. Courts do not have cultural and linguistic mediators to act as intermediaries between judges and defendants and between office workers. Rather, they rely on lists and registers of interpreters who are called only for language translation during hearings. All this appears to be insufficient when it comes to the individual assessment of a foreign child involved in a criminal proceeding. The opportunity to start thinking about a structured position within the offices, not only of the courts but also of the public prosecutor’s office, seems to be the possibility to create a model of individual assessment that considers not only the needs imposed by the law, but also the needs that unaccompanied migrant children, victims, or offenders, bring with them. The Cultural mediators must be specifically trained in criminal law proceeding and they need to operate within the system basing their operation on a code of conduct and ethic.

Capacity building
Capacity building tools for the coordination and monitoring of network

While fully respecting the child’s right to private and family life, close collaboration among different professionals should be encouraged to obtain a comprehensive knowledge of the child and an assessment of his/her legal, psychological, social, emotional, physical, and cognitive situation. A common assessment framework should be established for practitioners working with or for juveniles such as attorneys, psychologists, physicians, police, immigration officials, social workers, and mediators. As we have seen, in the assessment and determination of the best interests of the juvenile (BIA and BID) and thus also in the individual assessment during a criminal proceeding, multiple practitioners belonging to different disciplines and different agencies, or organizations are involved.

It seems necessary to ask the questions:

Is there a mechanism for coordination among the different practitioners involved in these procedures?
Are there further possibilities to harmonize procedures starting with some “capacity building” activities, i.e., improving and enhancing one’s capacity?

Both questions have affirmative answers.

A multi-agency or multi-disciplinary system, such as the one described in this model, requires an investment not only in terms of specific training on the issues involved but also requires capacity building activities to be planned on three levels:

An individual level where the individual can invest in training activities aimed at acquiring new tools and skills. The training can be carried out both in traditional ways and through new tools (webinars etc..) allows the individual to promote himself and his own growth, bringing benefit within its working context. Another useful activity is tutorship or mentoring. In this way, the individual professional working within the network can benefit from guidance and assistance based on the experience of others.

An organizational level where the network seeks to improve its capacity for governance and growth. The functional activities at this level concern the use of experts to improve the working capacity of the network itself, the stipulation of conventions and protocols that can delineate with greater clarity the task and functions of the single actors of the network and the use of technological innovations and new supports in order to improve information management and coordination activities.

A systemic level where the network or multi-agency system carries out activities of promotion and support in the assumption of decisions that can affect change not only from a legislative and political point of view but also from a cultural one. The system can interact with the outside world by influencing public opinion in a way that contributes to the diffusion of knowledge on issues that would otherwise be ignored.