CAT/C/LIE/CO/3
Juvenile justice
27.
Recalling information by the State party that Vaduz National Prison was not
designed for the detention of juveniles, the Committee notes with concern information in
the Annual Report 2009 of the Corrections Commission that, during the last quarter of
2009, juveniles, including one female person, were held in Vaduz National Prison, contrary
to the principle of separation between adults and juveniles in accordance with international
human rights standards. Also, while appreciating the reduction of the maximum length of
pretrial detention for children under the age of 18 (art. 19, para. 2, of Juvenile Court Act),
the Committee is concerned that it remains high (one year). The Committee is furthermore
concerned that some juveniles sentenced to imprisonment serve their sentences in Austria
according to the 1982 bilateral treaty, which does not contain any safeguards for special
protection for persons under the age of 18 years. The Committee reminds the State party
that deprivation of liberty, and in particular pretrial detention, of juveniles should be used
only as a measure of last resort and for the shortest appropriate period of time (arts. 11 and
16).
The Committee recommends that the State party expands and reinforces alternative
measures other than deprivation of liberty for children below the age of 18 in pretrial
detention and in prison. In particular, in upholding the principle of separation of
juveniles from adults, the State party should ensure that alternative measures are
applied for persons under the age of 18 currently held in Vaduz National Prison and
for the juvenile currently serving a sentence in Austria. It is recommended that the
State party further reduce the maximum length of pretrial detention of juveniles by
amending the Juvenile Court Act.
28.
The Committee notes with concern that the State party does not intend to amend the
Juvenile Court Act (sect. 21a, of the Juvenile Court Act), according to which a person of
trust is present during the questioning of a juvenile by the police (or a judge) only if the
juvenile so requests. The Committee believes that the presence of legal or other appropriate
assistance should not be limited to the trial before the court or other judicial body, but also
apply to all other stages of the process, beginning with the interviewing (interrogation) of
the child by the police as is stated in general comment No. 10 (2007) on children’s rights in
juvenile justice of the Committee on the Rights of the Child (para. 52) (arts. 11 and 16).
The State party is urged to change its position and amend article 21 of the Juvenile
Court Act with a view to ensuring the presence of a person of trust during
interrogation or questioning by police of children under the age of 18 without any
request of the juvenile.
Involuntary civil placement
29.
The Committee is concerned that the right of persons under involuntary placement
to give their consent to treatment and the right to request at any time their own discharge
from a psychiatric or social welfare establishment are not explicitly guaranteed by law. In
this respect, the Committee notes with appreciation that the State party is considering a
formulation regarding the right to request at any time one’s own discharge as part of a
future revision of the Social Welfare Act and that the courts interpret the provisions of
article 13, paragraph 2, of the Social Welfare Act as empowering such persons to request
their own discharge (arts. 2 and 16).
It is strongly recommended that the State party amend the Social Welfare Act so as to
expressly provide for the right of persons deprived of their liberty in involuntary civil
placements to request at any time their discharge.
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