–6–
Regrettably, in many Council of Europe member states, it remains the case that juveniles on remand
in particular are frequently held in prisons for adults. The CPT acknowledges that, in such cases,
juveniles are nowadays usually accommodated separately from adults, often in a designated unit. In
addition, significant improvements have been observed in recent years in terms of material
conditions in juvenile units.
However, in a number of countries, the regime offered to juvenile remand prisoners held in adult
prisons still leaves much to be desired, especially in remand establishments which usually
accommodate only very small numbers of juveniles (in particular female juveniles). On several
occasions, the CPT observed that only one juvenile was being held on remand in a given
establishment or unit. In this regard, the Committee acknowledges that there may be an argument in
favour of juveniles participating in out-of-cell activities with suitable adult inmates, on the strict
condition that there is appropriate supervision by staff. This also has the benefit of avoiding a
situation of de facto solitary confinement of the juveniles concerned.
68.
As repeatedly stated by the CPT in the past, although a lack of purposeful activity is
detrimental for any prisoner, it is especially harmful for juveniles, who have a particular need for
physical activity and intellectual stimulation. Juveniles in remand detention should be offered a full
programme of out-of-cell activities suited to their age, such as education, sport, vocational training
and recreational activities. Physical education should constitute an important part of that
programme. Juveniles should also be offered at least two hours of outdoor exercise every day, from
the moment they arrive at a detention establishment. As already mentioned in paragraph 58
regarding remand prisoners in general, the longer the period of detention on remand, the more
varied should be the activities on offer.
4.
Remand detention in law enforcement establishments
69.
The CPT has serious reservations about the practice observed in a number of countries of
holding persons remanded in custody by courts in a law enforcement establishment well beyond
the statutory time limit of police custody, pending their transfer to a remand prison, or of returning
persons placed in a remand prison to a law enforcement establishment for the purpose of
investigative actions.
Such periods of stay may last several days or weeks and, on occasion, even longer. Usually, persons
remanded in custody remain in a law enforcement establishment after their court hearing or are
returned to the law enforcement establishment from a prison for the purpose of investigative
actions, at the request of the law enforcement official who is responsible for the criminal
investigation. In some cases, delays in transferring persons remanded in custody to a remand prison
are explained by logistical obstacles in arranging escorts or by the lack of space for accommodation
in the remand prison (due to severe overcrowding).
70.
The CPT recalls that, as a matter of principle, remand prisoners should not be held in law
enforcement establishments;15 such facilities are not designed for lengthy periods of stay. Moreover,
prolonged detention on the premises of law enforcement agencies increases the risk of intimidation
and ill-treatment by law enforcement officials dealing with the criminal investigation against the
person concerned. Therefore, persons remanded in custody should always be promptly transferred
to a prison.
Further, the return of remand prisoners to detention facilities of law enforcement agencies should be
sought and authorised only very exceptionally and when it is absolutely unavoidable, for specific
reasons and for the shortest possible time. Such a return should in each case be subject to the
express authorisation of a prosecutor or judge. As a rule, the prisoners concerned should not be held
15
See also Rule 10.2 of the European Prison Rules.