activities outside the cell.195 Restrictions imposed to prevent the possible spread of the coronavirus have
had a negative impact on the physical and mental health of juveniles. The juveniles in the N11 facility were
disrupted by the lack of rehabilitation activities during the day, which is why, according to the medical
staff of the same facility, the juveniles complain of insomnia and headaches. The situation is much worse
in N2 and N8 facilities, where the teaching process was stopped along with the rehabilitation activities.196
In view of all the above, first of all, in a situation caused by a pandemic, it is important to urgently find
alternative opportunities for rehabilitation activities, to actively meet remotely with a social worker, a
psychologist and to plan activities tailored to different individual needs.197 In order to prevent the
aggravation of the psycho-emotional state of juveniles, it is important to facilitate their communication
with the outside world by all safe means.
The juvenile defendant/convict should have improved living and eating conditions compared to the other
defendants/convicts.198 Living in a juvenile facility should be as close as possible to the positive aspects
of living in the community.199
Juvenile cells in the facilities N2 and N8 are virtually indistinguishable from the living conditions in adult
cells. The cells have a depressing environment and do not suit the best interests of the child. There is
insufficient natural and artificial ventilation in the living cells of the juvenile department of the N8 facility,
the sanitary-hygienic condition in the cells is unsatisfactory, bugs and cockroaches are widespread. Like
adult prisoners, juvenile prisoners are allowed to shower only twice a week.200 During the visit, the accused
and the convicts were placed in the same cell in the facility N8, which is a violation of the requirements
of the Imprisonment Code.201
A commentary on the Beijing Rules states that when placing a juvenile in custody, preference should be
given to an open-type facility over a closed-type one. Besides, each institution should be of a remedial
or educational nature and not of a prison type.202 The Public Defender noted in the numerous reports
See the Standards of the Committee against Torture, “Juveniles Deprived of their Liberty under Criminal Legislation.”
Excerpt from the Report No24 [CPT/Inf (2015) 1], published in 2015. Rule 107, available at: https://rm.coe.int/16809534f0
[last visited: 27.01.2021].
196During the visit to the N8 facility on August 4-7, 2020, the teaching process was suspended and the teaching materials
were provided to the juveniles in the cell. At the same time, the library of the juvenile department was equipped with the
appropriate technical equipment to conduct the lesson online, but the administration did not know when they would start
conducting lessons online.
197 Unlike the N8 facility, where individual sentence plans for juveniles have not been developed, the N11 facility has
individual sentence plans for all juveniles. However, at the planning stage of the individual assessment and planning the
sentence, juveniles are offered existing services and in this case do not concentrate on the needs of the beneficiary.
198Juvenile Justice Code, Article 83, Paragraph 1.
199The Committee of Ministers of the Council of Europe (2008) Recommendation No11 to the countries on European rules
for juvenile offenders subject to sanctions or measures. (Adopted by the Committee of Ministers at its 1040th meeting of
Deputy Ministers on 5 November 2008). Rule 53.3.
200Ibid. Rule 65.2: Minors should have unrestricted access to bathrooms and toilets that are hygienic and allow for isolation.
201The Imprisonment Code, Article 9 (2).
202UN Standard Minimum Rules for the Administration of Juvenile Justice, Rule 19.
195
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