A/HRC/21/26 trial.29 Such proceedings shall be conducive to the best interests of the child and be conducted in an atmosphere of understanding, which shall allow the children to participate therein and to express themselves freely. 30 Furthermore, the Beijing Rules establish that the competent authority shall have the power to discontinue the proceedings at any time. 31 Alternative measures 14. According to the Havana and the Beijing Rules, all efforts should be made to apply alternative measures to detention of children.32 Article 40, paragraph 4, of the Convention on the Rights of the Child provides a non-exhaustive enumeration of dispositions that shall be made available to ensure that children are dealt with in a manner appropriate with their well-being and proportionate both to their circumstances and the offence, such as counselling, probation, foster care, education and vocational training programmes and other alternatives to institutional care.33 15. In addition, the Tokyo Rules provide a set of basic principles for the use of noncustodial measures and minimum safeguards for persons subject to alternatives to imprisonment. In particular, rule 3 of the Tokyo Rules provides legal safeguards when applying non-custodial measures. Prohibited penalties 16. Several international instruments prohibit the imposition of the death penalty. 34 Furthermore, life imprisonment without the possibility of parole should not be imposed for offences committed by children.35 In addition, the Beijing Rules provide that children shall not be subjected to corporal punishment. 36 In various decisions, the Human Rights Committee established that corporal punishment constitutes cruel, inhuman and degrading treatment or punishment contrary to article 7 of the International Covenant on Civil and Political Rights.37 Deprivation of liberty 17. The right to liberty and security of the person, including children, is embodied in article 9 of the International Covenant on Civil and Political Rights. Paragraph 1 of article 9 prohibits unlawful or arbitrary arrest or detention and requires deprivation of liberty to be in conformity with the law.38 29 30 31 32 33 34 35 36 37 38 6 Rule 14.1, ibid. Rule 14.2, Beijing Rules. Ibid., Rule 17.4. Rule 17, Havana Rules; Rule 18.1, Beijing Rules. See also rule 18, Beijing Rules. Art. 37(a), Convention on the Rights of the Child; art. 6, para, 5, International Covenant on Civil and Political Rights; art. 1, Second Optional Protocol to the International Covenant on Civil and Political Rights; rule 17.2, Beijing Rules. Art. 37(a), Convention on the Rights of the Child. Rule 17.3. See Human Rights Committee, Osbourne vs Jamaica, Communication No. 759/1997 (CCPR/C/68/D/759/1997), para. 9.1; Higginson vs Jamaica, Communication No. 792/1998 (CCPR/C/74/D/792/1998), para. 4.6; Sooklal vs Trinidad and Tobago, Communication No. 928/2000 (CCPR/C/73/D/928/2000), para. 4.6; Human Rights Committee, General Comment No. 7, para. 2. Art. 9, para. 1, International Covenant on Civil and Political Rights; also arts. 37(b), Convention on the Rights of the Child; principle 2, Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment.