The European Committee for the Prevention of Torture states that any form of isolation of juveniles
endangers their physical and/or mental health and should therefore only be used as the last resort lasting
no more than a few hours.215
In the facility N8, the practice of placement of juveniles in the de-escalating room and in a safe cell, which
serves as an informal punishment, is still a problem. In particular, from January 1 to August 7, 2020, 10
cases of juvenile placement in a safe cell were registered in the facility N8. In 1 of these 10 cases, the
juvenile was taken out of the safe cell after every 24 hours during six days, and in most cases, returned
only after a few minutes. During the same period, one juvenile who had attempted suicide was placed in
the de-escalation room for 3 days.
According to the administration of the juvenile department of the same institution, there are no
disciplinary proceedings against juveniles, as disciplinary proceedings against juveniles are relatively
complicated and the law stipulates certain requirements, the fulfillment of which is associated with
practical difficulties.216 To avoid these difficulties, disciplinary sanctions are not applied to juvenile
prisoners.217 In case of disciplinary misconduct, they try to solve the problem by talking to the juvenile.
And if the juvenile fails to calm down, then they may be placed in a safe cell.
It should be noted that the safe cells are partially in a ground, humidity, unsatisfactory natural and artificial
lighting and ventilation is observed in the safe cells and de-escalation rooms. In addition, during their
stay in such cells, juveniles are not provided with personal hygiene items and the possibility to change
the clothes as well as the right to use such things as: shop, phone call, personal correspondence and
visits.218 The abovementioned contradicts the principle of protection of the best interests of a juvenile, the
objectives of the Juvenile Justice Code and the spirit of the Convention on the Rights of the Child. The
Public Defender considers that it is inadmissible to place a juvenile in a safe cell and in a de-escalation
room and this may amount to inhuman and degrading treatment. The Public Defender believes that
instead of safe cells there should be a specially arranged soothing room, which should be used only as
the last resort and its duration should not exceed a few hours. During this time, juveniles should be
provided with appropriate human communication and multidisciplinary work should be done to plan
future activities necessary to calm them, to assess their risks and needs, and to correct their behavior.
Excerpt from the 18th Unified Report of the European Committee for the Prevention of Torture (CPT/Inf (2008) 25)
paragraph: 26. Available at: https://rm.coe.int/1680696a85 [Last visited: 22.01.2021]..
216 According to Article 93 (3 )of the Juvenile Justice Code, a juvenile defendant/convict has the right to have a lawyer
during the disciplinary proceedings. Prior to the oral hearing, the juvenile defendant/convict shall be explained the right to
summon a lawyer, which shall be exercised within 6 hours of the explanation with the appropriate consent. If the lawyer
does not appear within the established time, the juvenile accused/convict will be appointed a public lawyer.
217 From January 1 to August 7, 2020, no juvenile has been subject to the disciplinary sanctions.
218During the visit to the facility N8, the juvenile in the safe cell did not have personal hygiene items and clothes to change.
215
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