Correctional institutions
Due to the rare and usually shorter detention, there are no dedicated
departments for female adolescents. They are normally detained in the
women’s section in court prisons, mostly in a separate cell.
Separation rules not
always complied with
A recurring problem is that the rule of separate detention of adolescent and
adult detainees is not (always) complied with. This is the case in court prisons
without juvenile departments in particular. As a general rule, the detention of
adolescents for pre-trial and criminal offences shall be separate from that of
adults. International standards recommend that adolescents shall be separated
from adults and detained in a special institution or dedicated department
(e.g. 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, see also
CPT “Juveniles deprived of their liberty under criminal legislation”, CPT/
Inf(2015)1-part, recommendation 102).
Risk of harmful influence
If adolescents and adults are detained together, there is a latent risk that the
adolescents might be exposed to harmful influences or be disadvantaged in
some other way. The law allows the detention of adolescent prisoners together
with adult prisoners only “if, under the circumstances, neither a harmful
influence nor other disadvantage for the juvenile prisoners is to be feared”
(Section 55 (2) Juvenile Court Act).
Careful consideration
Whenever the NPM encounters the joint detention of adolescents and adults,
the institutions almost always have the same argument. Special care is taken
that the adolescents are not exposed to harmful influences. The selection of the
adult detainees is based on the reason for their offence and their personality.
Furthermore, these are cases without exception in which the mental condition
of the adolescent calls for joint detention.
The NPM still considers it critical if adolescents are detained together with
adults in a cell. Special care should be taken to detain adolescents separately
from adults in court prisons also. Where there are no juvenile departments,
efforts should be intensified to avoid detaining adolescents in a cell with
adults. Adolescents should also be able to take part in activities outside of the
cell in order to avoid isolation.
XX
Adolescents shall be detained in a way that they are not exposed to harmful influences
or other disadvantage. In particular, adolescents shall be detained separately from adult
detainees.
2.5.5.2 Youth concepts and detention in share accommodation
Youth concepts in all
correctional institution
129
To date, there have only been youth care concepts in court prisons that had
their own juvenile departments. The NPM recommended that all court prisons
in which adolescents can be detained develop a youth concept.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents