Art. 95a (…)
§ 4. Coercive measures available when dealing with juveniles:
1) physical force;
2) Isolation;
3) Restrains or straitjacket
§ 5. The coercive means mentioned in 4 item2 and 3 are used only against a juvenile in
juvenile detension centre or youth shelter, exclusively in the case determined in § 1 item.
As far as having recourse to coercive measures (physical violence) is
concerned, no irrgularities were found in the visited establishemnts. It should be
mentioned that The Human Rights Defender in his speech of 21 December 2009
addressed to the Minister of National Education 60, stressed the need to undertake
relevant legislative activities leading to the formulation of a regulation stipulating
conditions and measures concerning coercive means used against juveniles placed in
detention centres, shelters, care centres and sociotherapy centres. As the former
regulation lost its legal force on 22 August 2009, the Deputy Secretary in the Ministry
of National Education informed that relevant action have already been taken . On 6
August 2010, a draft ordinance was submitted to the Office of the Human Rights
Defender. The regulation is very similar to the former regulation of 2005. The
majority of fomer solutions is comprised in the regualtion, which is binding from 7
March 2011.
d) Right to information
UN General Assembly Resolution 43/173 of 9 December 1988.
Principle 13 Any person shall, at the moment of arrest and at the commencement of
detention or imprisonment, or promptly thereafter, be provided by the authority responsible
for his arrest, detention or imprisonment, respectively, with information on and an
explanation of his rights and how to avail himself of such rights.
Principle 33 A detained or imprisoned person or his counsel shall have the right to make a
request or complaint regarding his treatment, in particular in case of torture or other cruel,
inhuman or degrading treatment, to the authorities responsible for the administration of the
place of detention and to higher authorities and, when necessary, to appropriate authorities
vested with reviewing or remedial powers.
Recommendation of the Committee of Ministers CM/Rec(2008)11 on the European
Rules for juvenile offenders subject to sanctions or measures.
Principle 33.1 Juveniles shall be informed, in a manner and language they understand, as
to how the community sanction or measure imposed on them will be implemented and about
their rights and duties in regard to its implementation.
Principle 62.3 At admission, the rules of the institution and the rights and obligations of the
juvenile shall be explained in a language and manner that the juvenile understands.
Principle 62.4 Notification of the placement of the juvenile, information on the rules
governing the institution and any other relevant information shall be given immediately to
the juvenile’s parents or legal guardians.
9th General Report on the CPT's activities [CPT/Inf (99) 12]
§ 36 Effective complaints and inspection procedures are basic safeguards against illtreatment in juvenile establishments.
Juveniles should have avenues of complaint open to them, both within and outside the
60
RPO-629059-VII/09
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