At the same time, supervising the content of the messages (e.g. being present during the phone
call, reading the letters sent to or by the child) without the child’s consent is not justified, in
particular taking into account that communication with unwanted persons can be restricted upon
agreement with the child’s legal representative. Complete control by the staff of the centre over
the messages sent by the children also significantly hinders the possibility of the children to
submit a complaint against the centre if they so wish.
On this basis, the Chancellor proposed to the coordinator of Jõhvi Youth Treatment and
Rehabilitation Centre to end the situation where the right of children to the confidentiality of
messages and to privacy is violated, and apply different measures to check that the children do
not communicate with third persons with whom communication has been restricted upon
agreement with the child’s legal representative and that the conversation does not have a
negative effect on the child.
The representative of the management of OÜ Corrigo replied that the centre had changed the
guidelines for the staff and found a possibility for ensuring privacy of conversations.
5.4. Restricting outdoor exercise as a sanction
The inspection revealed that on more than one occasion the prohibition to walk outdoors during
a certain period had been applied as a sanction in respect of children who had left without an
authorisation and had been returned to the centre.33
It is understandable that certain sanctions sometimes need to be used in order to guide the
behaviour of the children at the centre. It is also understandable that if a child has once left the
centre without an authorisation the risk of the child’s unauthorised departure is higher if they
are taken outside for a walk as compared to prohibiting the child to go outdoors. In a situation
where only one carer accompanies the children during the walk in the morning, the risk of
unauthorised departure is high.
At the same time, the Chancellor considers it necessary to note that the opportunity of being
outdoors is very important from the point of view of the children receiving the service and, as
a rule, this opportunity should be ensured daily. Outdoor exercise should not be restricted with
the aim of using it as a disciplinary sanction. This opinion has also been affirmed by the Council
of Europe Committee of Ministers in its recommendation.34 Thus, in a situation where the
institution does not have a fenced territory and the main opportunity to spend time in open air
means walking in the streets in the vicinity of the institution, the centre must ensure the presence
of a sufficient number of staff to provide all children an opportunity to walk outdoors, including
those in case of whom the risk of unauthorised departure is higher.
On this basis, the Chancellor proposed to the coordinator of Jõhvi Youth Treatment and
Rehabilitation Centre not to restrict, as a disciplinary punishment, the opportunities of children
33
Some children claimed that the prohibition of going for outdoor walks with others has been applied even for a
period of one month.
34
Under the Council of Europe Committee of Ministers Recommendation CM/Rec(2008)11 on the European
Rules for juvenile offenders subject to sanctions or measures, para 81, all juveniles deprived of their liberty shall
be allowed to exercise regularly for at least one hour in the open air. In the comments to these rules, the
Committee of Ministers has explained that the prohibition of exercise in open air should not be used as part of a
disciplinary punishment (p 34).
32
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents