VISITS BY THE
JOINT COMMISSION
54
as a disciplinary measure.” During its visit to Berlin
Youth Detention Facility in 2010 the CPT also
emphasised that those in youth detention should be
permitted more frequent contact with the outside
55
world (especially with close family members). The
CPT made explicit reference to the restrictive
practices in other youth detention facilities in
Germany.
The European Rules for juvenile offenders subject
to sanctions or measures assume that “[a]rrangements
for visits shall be such as to allow juveniles to maintain
and develop family relationships in as normal a
manner as possible and have opportunities for social
56
reintegration.”
The Joint Commission therefore recommends
reconsidering current practice as regards contact with
the outside world in light of the above.
Response: Restrictions have so far been imposed on
juvenile detainees’ contact with the outside world in line
with the requirements of the Enforcement of Youth
Detention Code. However, it will be examined to what
extent these contacts with the outside world can be extended.
The forthcoming Brandenburg Act on the Enforcement of
Youth Detention provides for more generous contacts with
the outside world. For example, detainees may receive
visitors and use the telephone if this does not prove an
obstacle to the objective of the detention and the security and
order of the facility is not jeopardised thereby. Detainees
will have the right to send and receive letters. Visits and
telephone calls with primary carers are permitted. Visits,
telephone calls and correspondence will, in addition, not been
monitored.
youth detention in Brandenburg attention should be
paid to laying down binding requirements as regards
the provision of support after discharge and
institutional links to youth detention.
Response: The applicable Enforcement of Youth
Detention Code provides for the detainees having a meeting
with the prison manager. The head of the youth detention
facility and the educational instructor emphasised the fact
that they hold repeated meetings throughout the enforcement
of youth detention to establish whether there is any need for
support during detention or after discharge.
The draft of the act on the enforcement of youth detention
provides that the head of the facility must explain the
content of the final report to the detainee in a meeting prior
to his or her discharge. This meeting is important, as it
serves to indicate to detainees exactly where they stand, and
it then becomes clear to them whether and to what extent
they have achieved the objective of their detention and what
further support they require. This meeting is thus equal to a
separate educational measure.
In addition, emphasis is placed on establishing contact
with those who can offer further assistance. The facility
must ensure that this help follows on seamlessly after
detainees are discharged. The draft legislation therefore also
provides for the possibility of initiating aftercare measures
and for staff to be involved in providing support after
discharge. Youth detention, being a short-term educational
measure, is embedded within the support systems available
in Brandenburg, including the youth welfare services,
schools, vocational training facilities, the judicial social
services and independent youth welfare service providers.
The youth detention facility works especially closely with
the Youth Welfare Office, the Judicial Social Services, the
Employment Agency and primary carers.
The binding requirements which the Joint Commission
called for and the institutional networking between these
agencies and the youth detention facilities have, thus, been
incorporated into the draft legislation. The youth detention
facility has been endeavouring for some time now to
establish networks with the aforementioned agencies and
facilities.
Regular consultations with a psychologist or
external contractual partners have so far not been
available. The Joint Commission feels it would be
useful to establish cooperation with local youth
psychologists and youth psychiatrists. That would
mean that mental disorders which are already in
evidence during youth detention could be diagnosed
more easily and treated as soon as possible after
discharge from youth detention. This is also
considered desirable according to the Ministry of
5.1.3 – Further recommendations of the Joint
Commission for improving the conditions of
detention and response of the Ministry of Justice
of Brandenburg
According to the head of the institution, a meeting
is held with detainees prior to their being discharged
only if they are discharged early; otherwise, prison
staff tend to carry out these meetings more in passing.
The head of the institution forwarded several
discharge reports to the Joint Commission by way of
example. The facility does not offer all juveniles an
official meeting upon their discharge. However, the
Joint Commission feels that such a meeting would be
useful for all juveniles. It can also serve to indicate
what outpatient support is available for the period
after discharge and to give juveniles the necessary help
in that regard. In general, the Joint Commission
suggests that when restructuring the enforcement of
54
CPT/Inf/E (2002) 1 - Rev. 2010, margin no. 34
CPT/Inf (2012) 6, margin nos 122–124
56
Council of Europe, Recommendation CM/Rec(2008)11, No. 84
55
89
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