CPT: 18TH GENERAL REPORT 24. The CPT considers that the particular vulnerability of juveniles during police custody should be addressed by the draft Rules in a more concrete manner. In particular, it should be expressly stipulated that juveniles detained by the police shall not be required to make any statement or sign any document related to the offence of which they are suspected without a lawyer and/or a trusted person being present and assisting them. It would also be highly desirable for the draft Rules to stipulate that separate police units for juveniles should be established. Such units would make it possible to remove juveniles from the general population of persons in police custody as well as to ensure that police officers who deal with juveniles have received appropriate training for this particular task. 25. The draft Rules stipulate that juveniles shall not be held in institutions for adults but instead in facilities specially designed for persons of this age. And this has always been the position of the CPT. However, the draft Rules do leave the door open for exceptions and even envisage situations when a given juvenile might, in his/her “best interests”, be accommodated together with adults. The CPT considers that when, exceptionally, they are held in an institution for adults, juveniles must always be accommodated separately from adults, in a distinct unit. The Committee acknowledges that there can be arguments in favour of juveniles participating in out-of-cell activities with adults (on the strict condition that there is appropriate supervision by staff). However, the CPT believes that the risks inherent in juvenile offenders sharing accommodation with adult offenders are such that this should not occur. 11 26. Any form of isolation of juveniles is a measure that can compromise their physical and/or mental well-being. Consequently, such a measure must be regarded as highly exceptional and last no longer than is strictly necessary. This precept is not reflected as well as it might be in the draft Rules. For example, it is stipulated that isolation in a calming down cell as a means of restraint “shall only be used exceptionally and only for a few hours”. Up to this point, the CPT is in full agreement. However, the draft Rules go on to provide that such a measure “in any case shall not exceed 24 hours”. For its part, the CPT believes that isolation for calming-down purposes should not be necessary for such an extended period. Moreover, the Committee is concerned that if isolation for up to 24 hours as a means of restraint is accepted, there is the danger that this measure will be abused as an informal disciplinary measure. As regards segregation for disciplinary purposes, once again the draft Rules make clear that it should only be imposed in “exceptional cases”. However, it is regrettable that no maximum limit on the duration of such a disciplinary measure has been set. Instead, there is merely the rather nebulous requirement that the measure be “as short as possible”. The CPT believes that it would be appropriate for the draft Rules to set a limit on the time juveniles can be segregated for disciplinary purposes, and it supports the limit of three days found in an earlier version of the draft Rules. The draft Rules also provide that “in very exceptional circumstances” a juvenile may be separated for security and safety reasons. The CPT recognises that such a measure may, in extremely rare cases, be required in order to protect highly vulnerable juveniles or to deal with juveniles who pose a threat to others. The draft Rules highlight a number of safeguards that should apply in such cases, in particular that the separation be subject to regular review; this is essential to ensure that the measure lasts no longer than is strictly necessary. However, following the example of the provision on segregation for disciplinary purposes, the CPT considers that the draft Rules should also stipulate that the regime during such separation shall provide appropriate human contact, access to reading material and daily outdoor exercise.

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