CAT/OP/CRI/ROSP/1
law, has resulted in a situation in which, at the time of the delegation’s visit, one boy and one
girl between 12 and 15 years of age were effectively being held in solitary confinement in
their respective cell blocks, as they were unable to interact with anyone besides the prison
personnel.
88.
The centre’s infrastructure was antiquated and dilapidated, with scant space for leisure
or recreational activities and accommodation areas that did not meet the rehabilitation needs
of adolescents. In particular, the maximum-security units G1 and G2 featured one-person
cells that were dark and dirty, with cement beds, thin mattresses without sheets and
bathrooms in appalling conditions; these cells were locked between 6 p.m. and 7 a.m.
Adolescents had only a small inner courtyard (37.4 m 2) in which to relax in; this courtyard,
which was surrounded by bars, was very damp (41.8 per cent humidity), owing to clothes
that had been hung out to dry. Some of the children and adolescents interviewed in these cell
blocks claimed that they had suffered abuse by security guards with truncheons. They further
alleged that they had only one hour of sunlight per day and that sometimes they did not go
out for several days. In other cell blocks, owing to disputes between various children and
adolescents, the centre had introduced staggered times for use of the courtyards by different
groups. The centre’s management recognized that a shortage of personnel meant that children
and adolescents had fewer opportunities to enjoy the courtyard and to play sports. It was
noted, furthermore, that the personnel lacked specific training to deal with children and
adolescents in conflict with the law.
89.
The Subcommittee was alarmed at the number of children and adolescents who
displayed cuts as a result of self-harm. Various children and adolescents who were
interviewed stated that they engaged in self-harm in order to obtain medical attention or to
leave the cell block or as a form of escape. Although some were receiving psychological
treatment, the lack of a comprehensive approach to dealing with this issue was cause for
concern. Some children and adolescents complained of insufficient access to medical care.
90.
The Subcommittee noted that the nursery provided a totally different, and wholly
appropriate, environment for mothers with children, although a few persons deprived of their
liberty mentioned insufficient paediatric assistance.
91.
Although administrators informed the visiting delegation that activities such as crafts
and botanical workshops were held at the centre, the children and adolescents interviewed
mentioned only school, weekly visits to a gymnasium or an amusement arcade and paid work,
such as yardwork and kitchen and cleaning duties. Children and adolescents in pretrial
detention do not have access to these activities.
92.
Despite the fact that the law specifically provides for the right of children not to be
held incommunicado under any circumstances or to be placed in solitary confinement, the
Subcommittee found, during its visit, that several children and adolescents were being held
in solitary confinement cells. The centre’s administrators themselves confirmed that solitary
confinement could be imposed and that the juvenile justice enforcement judge must be
informed when the period of confinement exceeded 24 hours. Other children and adolescents
who were interviewed mentioned the absence of a disciplinary procedure, as well as the use
of collective punishments and the suspension of visits as punitive measures, in contravention
of juvenile criminal law.
93.
The Subcommittee also visited the Ofelia Vincenzi young adult specialized centre,
which houses men between 18 and 25 years old who committed crimes as minors. The main
issues observed were outdated infrastructure, insufficient access to medical care and the
presence of security guards during psychological consultations. Although the majority of the
persons deprived of their liberty were participating in an educational programme and a few
had access to paid work, the facilities did not provide enough space for educational,
recreational or rehabilitation activities.
94.
The Subcommittee recommends that the State party:
(a)
Consider making amendments to juvenile criminal legislation to bring it
into line with the recommendations of the Committee on the Rights of the Child;
(b)
Redesign the centres that accommodate children and adolescents in
conflict with the law in order to avoid uprooting and to meet the social reintegration
GE.21-00153
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