CAT/OP/MKD/1
V. Juvenile detention
52.
The Subcommittee welcomes the completion of the Tetovo educational correctional
institution for juveniles, which has been operating in Ohrid prison since September 2015,
housing juveniles in two regimes: an educational correctional regime and a regime for
juveniles sentenced for a crime. Those referred to the educational correctional wing are
males between the ages of 14 and 18 and approximately 80 per cent of them are of Roma
origin. The Subcommittee is concerned that apart from being in a separate wing, it could
see little difference between the two regimes. The educational correctional regime appears
to focus on correction, rather than resocialization, rehabilitation and education, which does
not appear to be in line with Law No. 07-4101/1 on justice for children (24 October 2013),
article 45 (1).
53.
The Subcommittee recommends that the State party take measures to ensure
that the environment in the educational correctional wing resembles an educational
correctional institution rather than a prison and, to that end, provide recreational
facilities, equipment and activities suitable for juveniles. Measures should also be
taken to address the overrepresentation of juveniles of Roma origin in the institution.
In addition, the Subcommittee recommends that the State party introduce alternatives
to detention for juveniles, who should only be detained as a measure of last resort.
Where detention is absolutely necessary, the Subcommittee recommends that the
State party ensure that all juveniles benefit from educational correction and
recreational opportunities on an equal basis. 6
54.
The Subcommittee is concerned by the fact that none of the juveniles in the
educational correctional wing are obliged to take part in education, despite many being of
compulsory school age. Both regimes have very limited access, if any, to meaningful
activities such as education, vocational training and work. Apart from playing football in
the small courtyard, overlooked by residential housing, they spend a significant proportion
of their time inactive in the dormitories watching TV or chatting. That results in many
minors sleeping during the day and thus unable to sleep at night. The Subcommittee is
concerned that around 50 per cent of juveniles are routinely given tranquilizers (a
combination of Diazepam and Sanval) three times a day. Considering the frequency and
daily doses of these drugs, the Subcommittee is of that view that this could amount to
inhuman treatment.
55.
The Subcommittee recommends that the State party ensure the availability of a
wide range of activities and training in life skills for juveniles in both regimes, which
will also be of value to them upon their release, in accordance with the United Nations
Rules for the Protection of Juveniles Deprived of their Liberty (Havana Rules) and
the United Nations Guidelines for the Prevention of Juvenile Delinquency (Riyadh
Guidelines). Such measures are important for their reintegration into the community
and to minimize the risk of reoffending, as well as for their particular need for
intellectual stimulation. Every juvenile of compulsory school age has the right to
education, which should be provided outside the detention facility in community
schools wherever possible. Special attention should be given by the administration of
detention facilities to the education of juveniles of foreign origin or with particular
cultural or ethnic needs. Juveniles who are illiterate or have cognitive or learning
difficulties should have the right to special education. Juveniles above compulsory
school age who wish to continue their education should be permitted and encouraged
to do so and given access to appropriate educational programmes. Vocational training
should also be provided. Given the high number of juveniles of Roma origin in the
facility, special and inclusive attention should be paid to that group. The
Subcommittee recommends that the State party immediately halt the inappropriate
6
12
See United Nations Standard Minimum Rules for the Administration of Juvenile Justice, (Beijing
Rules), para. 1.2, and United Nations Rules for the Protection of Juveniles Deprived of their Liberty,
(Havana Rules), para. 12.
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