☞The basic tool comprising information and guidelines on the identification and documentation of cases of torture or other cruel treatment
or punishment is the Istanbul Protocol - Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment.
Just like in case of rooms for detained persons also during the inspection
of police emergency centres for children the NMPT members also discovered
an alarming practice of examining juveniles with mental disorders by doctors
specializing in other fields than psychiatry56.
ECHR
Positive obligation arises when it can be established that authorities
knew or should have known about a real and imminent threat to the
life of the identified person posed by a third person or the person in
question as such and failed to undertake actions, within their competencies, considered justified an expected to avoid such a threat57.
Youth care centres, juvenile shelters, juvenile detention centres
Systemic problems
The most pressing issue that needs to be solved with respect to minors placed
in youth care centres (YCC), juvenile shelters (JS) and juvenile detention centres
(JDC) is the preparation of a new act on juvenile delinquency proceedings.
The act, in the NMPT’s opinion, should regulate the issues of: juvenile
residents’ access to medical care (including specialist care for pregnant minors),
video surveillance, tests detecting the presence of alcohol and intoxicating
substances, as well as contacts between juvenile residents and their parents,
legal guardians and attorneys.
For further informaation see: Police units, Right to the protection of health.
Judgement of the ECHR of 17 October 2013in case Keller v. Russia, application no. 26824/04.
56
57
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PART III - situation in places of detention
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