12
CPT: 9TH GENERAL REPORT
JUVENILES DEPRIVED OF THEIR LIBERTY
Preliminary remarks
20.
In certain of its previous general reports, the
CPT has set out the criteria which guide its work in a
variety of places of detention, including police stations,
prisons, holding centres for immigration detainees and
psychiatric establishments.8
The Committee applies the above-mentioned
criteria, to the extent to which they are appropriate, in
respect of juveniles (i.e. persons under the age of 18)
deprived of their liberty. However - regardless of the
reason for which they may have been deprived of their
liberty - juveniles are inherently more vulnerable than
adults. In consequence, particular vigilance is required
to ensure that their physical and mental well-being is
adequately protected. In order to highlight the
importance which it attaches to the prevention of illtreatment of juveniles deprived of their liberty, the
CPT has chosen to devote this chapter of its 9th General
Report to describing some of the specific issues which
it pursues in this area.
In the following paragraphs, the Committee
identifies a number of the safeguards against illtreatment which it considers should be offered to all
juveniles deprived of their liberty, before focussing on
the conditions which should obtain in detention centres
specifically designed for juveniles. The Committee
hopes in this way to give a clear indication to national
authorities of its views regarding the manner in which
such persons ought to be treated. As in previous years,
the CPT would welcome comments on this
substantive section of its General Report.
8
Police custody and imprisonment, cf. the 2nd
General Report (CPT/Inf (92) 3), paragraphs 35 to
60;
Health care services in prisons, cf. the 3rd General
Report (CPT/Inf (93) 12), paragraphs 30 to 77;
Foreign nationals detained under aliens legislation,
cf. the 7th General Report (CPT/Inf (97) 10),
paragraphs 24 to 36;
Involuntary
placement
in
psychiatric
establishments, cf. the 8th General Report
(CPT/Inf (98) 12), paragraphs 25 to 55.
21.
The Committee wishes to stress at the outset
that any standards which it may be developing in this
area should be seen as being complementary to those
set out in a panoply of other international instruments,
including the 1989 United Nations Convention on the
Rights of the Child; the 1985 United Nations Standard
Minimum Rules for the Administration of Juvenile
Justice (the Beijing Rules); the 1990 United Nations
Rules for the Protection of Juveniles Deprived of their
Liberty and the 1990 United Nations Guidelines for the
Prevention of Juvenile Delinquency (the Riyadh
Guidelines).
The Committee also wishes to express its
approval of one of the cardinal principles enshrined in
the above-mentioned instruments, namely that
juveniles should only be deprived of their liberty as a
last resort and for the shortest possible period of time
(cf. Article 37 b. of the Convention on the Rights of the
Child and Rules 13 and 19 of the Beijing Rules).