Correctional institutions accommodating adolescents in the adult section could not be avoided. In addition, the open detention practised in the juvenile department meant that only one of the suspects can be detained in the juvenile department if complicity is involved. If placement in the juvenile department is not possible, the juveniles are supported by the adolescents’ team. On a monitoring visit to the juvenile department of Krems correctional institution at the end of January 2020, the delegation encountered an adolescent boy who shared a cell with an adult and was integrated in regular detention. The Federal Ministry of Justice pointed out that after admission the adolescent had shared a cell with a young adult. After there was friction and conflict between the two, the younger was moved for safety reasons to a cell with an adult from whom no harmful influence was to be feared. Krems correctional institution The commission noticed on a monitoring visit to Wels correctional institution at the beginning of December 2019 that a seventeen-year old boy shared a cell with an adult who looked after him. The Federal Ministry of Justice explained that there is no dedicated juvenile department in Wels correctional institution, which is why the adolescent is being detained in the open shared accommodation. Normally, two adolescents share a cell. However, this was not possible at the time of the visit because only one adolescent was in detention. In order not to isolate him, the department head selected an inmate who shared the cell with the adolescent. Great attention was given to selecting the inmate, regarding his personality in particular, to avoid a harmful influence on the adolescent. Wels correctional institution As a matter of principle, the detention of adolescents awaiting trial and of those after conviction shall be separate from adults. However, the law stipulates that adolescent detainees awaiting trial can be held together with adult detainees if “due to their physical, mental or emotional condition an exception is necessary” (Section 36 (3) Juvenile Court Act (Jugendgerichtsgesetz)). The law allows deviation from the rule of separate detention if “neither a harmful influence nor other disadvantage for the juvenile prisoners is to be feared” (Section 55 (2) Juvenile Court Act). Rule of separate detention not absolute That adolescents shall be separated from adults and detained in a special institution or dedicated department is recommended in the framework provisions of the United Nations for the juvenile justice system (A/RES/40/33, 29 November 1985, “Beijing Rules”, Rule 26.3) and also by the CPT (“Juveniles deprived of their liberty under criminal legislation”, CPT/Inf [2015]1-part, recommendation 102). The NPM is critical of adolescents being detained in the same cell as adults. The prevention of a harmful influence or other disadvantage for the adolescent prisoner should always have top priority. It must be guaranteed above all that adolescents who cannot be admitted to the juvenile department are at no disadvantage when it comes to cell opening times and other easing of Same conditions 122