VISITS BY THE JOINT COMMISSION 5 – YOUTH DETENTION FACILITIES 5.1 – KÖNIGS WUSTERHAUSEN YOUTH DETENTION FACILITY 5.1.2 – Recommendations of the Joint Commission and response of the Ministry of Justice of Brandenburg The Joint Commission visited Königs Wusterhausen Youth Detention Facility on 27 June 2013. Königs Wusterhausen Youth Detention Facility is responsible for the enforcement of youth detention for the whole of Brandenburg. Since mid-December 2011 it has been housed in containers formerly used by the police in the immediate vicinity of Königs Wusterhausen Police Station. The containers were formerly used for enforcing police custody. The Youth Detention Facility can accommodate four female and 13 male detainees. At the time of the visit the facility had an occupancy of six male youths who were serving full-period detention. Those in youth detention spent an average of 10 days in detention in 2012. The Government of Brandenburg plans to have a new youth detention facility built in 2014; according to current plans it will be able to accommodate 25 youths. In addition, discussions are being held about placing those in youth detention in Berlin and Brandenburg in a joint facility. It is obvious from the furnishings and layout of the rooms that the facility was previously used to enforce police custody. The detention rooms have an oppressive feel to them on account of the dark colour of the walls. The rooms all have air conditioning, but at least in the section accommodating the male youths the windows cannot be opened. The Joint Commission would like to note that a sufficient supply of fresh air must be guaranteed in all those rooms in which people are detained for a longer period of time. This requirement is set out in the UN’s standard minimum rules for the treatment of 52 prisoners. According to principle no. 11, “[i]n all places where prisoners are required to live or work, (...) the windows (...) shall be so constructed that they can allow the entrance of fresh air whether or not there is artificial ventilation.” The windows do not have blinds or any other protection against the sun. The juveniles hang additional sheets supplied to them over the windows, which the Joint Commission can at best only regard as a compromise solution. According to the head of the facility, there are no other possibilities for making the detention or common rooms look more attractive (e.g. by hanging up pictures), which the Joint Commission regrets. To make matters worse, no other alterations whatsoever can be made. For example, it is neither possible to change the colour of the walls in the detention rooms, nor can the young people personalise their rooms in any way. The rooms therefore have a very sparse and dreary appearance. Both the prison manager and the prison service manager endeavour to make the best use of the limited space available to them. Nevertheless, the Joint Commission feels that the structural situation in the facility makes it unsuitable for the enforcement of youth detention. It therefore recommends quickly constructing the new building as planned, and it would like to know what stage of planning it is at. Response: As the conditions of detention in the youth detention facility have deteriorated so drastically over the 5.1.1 – Positive findings Special emphasis should be given to the diverse range of support and courses available to youth detainees. The young people the delegation spoke to also felt that the majority of the offers available were positive and useful, especially the social training course run by Hönow Youth Workshop. The Joint Commission would also like to highlight the fact that the facility is relatively generous as regards unlocking times and the amount of time detainees can spend outside each day. This is evident from the daily schedules forwarded to the Secretariat. According to these schedules, (category II and above) detainees are permitted to spend one hour outside twice each morning and once or twice each afternoon. At weekends they are permitted to go outside at least once in the morning and once in the afternoon. According to No. 7 of the In-house Rules, (category I) detainees can use all their free periods. The young men and women may use the street football field and an outdoor chessboard in the yard. At the time of the visit a shelter was also being built to provide protection against bad weather. 52 ECOSOC Resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977; available at: https://www.unodc.org/pdf/criminal_justice/UN_Standard_Mini mum_Rules_for_the_Treatment_of_Prisoners.pdf (last retrieved on 28 October 2014) 87