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;16 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 overnight in law
enforcement establishments. It is axiomatic that the fact that a remand prisoner has
16. See also Rule 10.2 of the European Prison Rules.
Remand detention ► Page 37
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