Situation of deprivation of liberty Room for separation from the group of “Sograndio” (Asturias) 186. Deficiencies were observed in rooms of young offenders that Deficiencies in the rooms could affect their safety, such as lack of sound systems for calls or the mechanical opening of the doors (“Las Lagunillas”, “Montefiz” and “Sograndio”). Both the Department of Justice and Interior of the Government of Andalusia and the Department of Labour and Welfare of the Government of Galicia will proceed to remedy these deficiencies, when so permitted by the budget or when improvements are made to the centres. The Directorate General for Justice and the Interior of the Principality of Asturias do not consider this to be necessary, since they attend calls made by young offender s immediately. 187. At the therapeutic unit of “Els Til·lers” and “Montefiz” the disciplinary regime contemplated by Basic Law 5/2000, of 12 January, regulating the criminal liability of young offender s, is not applied based on the exception of article 59.3 of Royal Decree 1774/2004, which considers that it is not applicable to minors who are serving a measure of therapeutic custody imposed due to a mental abnormality or disturbance in perception that impedes them from understanding the illicit nature of the facts or to act in accordance with such understanding, while they remain in such a state. On considering that they are not included within a disciplinary context, the measures of restraint are not reported to the young offender judge and cannot be appealed. Nevertheless, at the Therapeutic Unit of “Els Til·lers” of the 12 young offender inmates at the time of the visit, 7 were serving a court measure under a regime that was not therapeutic because it was considered that this was the centre most adequate for them. Accordingly, a Suggestion was made which was accepted by the Department of Justice of the Government of Catalonia so that, in those cases in which young offender s are admitted under a non-therapeutic custody regime, the court authority be requested to change the measure to therapeutic custody, pursuant to Basic Law 5/2000. Failure to apply disciplinary regime at “Els Til·lers” and at “Montefiz” 139

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