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.

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