YOUTH DETENTION FACILITIES
past few years, renovation work is being considered and
relocation has also become an unavoidable option. The
facility which the Joint Commission inspected thus only
represents a temporary solution. Since the containers are
being leased, it is not possible to make any structural changes,
such as fitting window blinds. The air conditioning in the
male youth detainees’ cells has now been switched to a mode
in which fresh air is drawn in at short, regular intervals. In
addition, the male detainees are allowed to spend more time
outside.
There are plans to build a new youth detention facility in
Königs Wusterhausen. Discussions are also ongoing about
holding detainees from Berlin and Brandenburg together in
one facility.
During the initial meeting the head of the
institution already addressed the issue of the repeated
complaints raised about the size of the meal portions.
The ministry has already been informed about this.
Detainees addressed the issue of insufficient meal
portions during their one-to-one meetings with the
visiting delegation. According to the head of the
institution, the service provider also supplies homes
for the elderly and kindergartens. The facility is
currently remedying the situation by giving some
detainees an additional half portion on doctor’s
orders.
Those in youth detention should be provided with
nutritious and sufficient quantities of food, taking
account of their age, health, religion and the activities
they engage in. The same requirements are made
under the European Rules for juvenile offenders
53
subject to sanctions or measures. The Joint
Commission recommends adapting requirements
accordingly and increasing the size of the meal
portions if necessary. It also suggests examining the
nutritional composition of the meals.
Response: The youth detention facility is supplied by a
local caterer. The contract concluded with this caterer
includes the Catering Regulations for Prisons in
Brandenburg, which take account of the requirements of a
healthy diet and in particular the recommendations of the
German Society of Nutrition. They also include stipulations
concerning adequate portion sizes. After consulting the
doctor, the head of the youth detention facility can also grant
additional portions in individual cases if this is necessary to
maintain health, for instance. An average of 2,500 kcal per
day is currently provided for. The possibility was recently
introduced of ordering additional portions, meaning that an
average of 2,780 kcal can then be provided.
According to the head of the institution, a doctor
visits the detention facility once a week to examine
detainees after arrival. Depending on when they are
admitted, this can mean the examination is not
53
carried out straight away. If, for example, a youth
detainee is booked in mid-week, it may take five to six
days before he or she is examined by the doctor.
The medical examination primarily serves to ensure
the detainee stays in good health during the
enforcement of detention and to establish whether
any treatment is necessary. It is therefore key that this
examination is carried out as soon as possible after
detainees are admitted, even if the period of youth
detention is relatively short. A solution to this
problem must be found in order to guarantee that the
medical examination is carried out as soon as possible
after detainees are admitted, as required under section
17 (1) of the Enforcement of Youth Detention Code.
A delay of several days is not acceptable, especially in
view of the short duration of youth detention
compared to general prison sentences.
Response: Detainees should be examined by a doctor as
soon as possible after they begin their period in detention.
This has been regulated in the current draft of an act on the
enforcement of youth detention in Brandenburg. Exceptions
are only provided for those in leisure-hour and short-term
detention. The head of the youth detention facility wishes to
ensure that these examinations can be carried out by a doctor
when detainees are admitted, and plans to sign a
corresponding contract with local doctors to that end.
However, on account of the small number of detainees and
the lack of doctors across the Land, negotiations are proving
difficult. Involving prison doctors is not an option due to
their heavy workload. Detainees are guaranteed health care
provision at all times through the public health insurance’s
emergency service and the emergency services, although these
cannot be drawn on to conduct the initial medical
examination.
According to the head of the institution, contact
with the outside world is heavily restricted. Detainees
are allowed to stay in touch with their relatives by
letter. However, they are permitted to use the
telephone only in special cases (e.g. a death in the
family) or after filing an application stating grounds.
In the view of the Joint Commission, detainees must
at least be guaranteed regular contact with their
closest family members, for example parents, spouses
and children.
The CPT also emphasised this aspect when setting
its standards. Accordingly, the CPT has established
that: “The guiding principle should be to promote
contact with the outside world; (...) The active
promotion of such contacts can be especially
beneficial for juveniles deprived of their liberty, many
of whom may have behaviour problems related to
emotional deprivation or a lack of social skills. The
CPT also wishes to stress that a juvenile’s contact with
the outside world should never be restricted or denied
Council of Europe, Recommendation CM/Rec(2008)11, No. 68
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