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.
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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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