VISITS BY THE JOINT COMMISSION 54 as a disciplinary measure.” During its visit to Berlin Youth Detention Facility in 2010 the CPT also emphasised that those in youth detention should be permitted more frequent contact with the outside 55 world (especially with close family members). The CPT made explicit reference to the restrictive practices in other youth detention facilities in Germany. The European Rules for juvenile offenders subject to sanctions or measures assume that “[a]rrangements for visits shall be such as to allow juveniles to maintain and develop family relationships in as normal a manner as possible and have opportunities for social 56 reintegration.” The Joint Commission therefore recommends reconsidering current practice as regards contact with the outside world in light of the above. Response: Restrictions have so far been imposed on juvenile detainees’ contact with the outside world in line with the requirements of the Enforcement of Youth Detention Code. However, it will be examined to what extent these contacts with the outside world can be extended. The forthcoming Brandenburg Act on the Enforcement of Youth Detention provides for more generous contacts with the outside world. For example, detainees may receive visitors and use the telephone if this does not prove an obstacle to the objective of the detention and the security and order of the facility is not jeopardised thereby. Detainees will have the right to send and receive letters. Visits and telephone calls with primary carers are permitted. Visits, telephone calls and correspondence will, in addition, not been monitored. youth detention in Brandenburg attention should be paid to laying down binding requirements as regards the provision of support after discharge and institutional links to youth detention. Response: The applicable Enforcement of Youth Detention Code provides for the detainees having a meeting with the prison manager. The head of the youth detention facility and the educational instructor emphasised the fact that they hold repeated meetings throughout the enforcement of youth detention to establish whether there is any need for support during detention or after discharge. The draft of the act on the enforcement of youth detention provides that the head of the facility must explain the content of the final report to the detainee in a meeting prior to his or her discharge. This meeting is important, as it serves to indicate to detainees exactly where they stand, and it then becomes clear to them whether and to what extent they have achieved the objective of their detention and what further support they require. This meeting is thus equal to a separate educational measure. In addition, emphasis is placed on establishing contact with those who can offer further assistance. The facility must ensure that this help follows on seamlessly after detainees are discharged. The draft legislation therefore also provides for the possibility of initiating aftercare measures and for staff to be involved in providing support after discharge. Youth detention, being a short-term educational measure, is embedded within the support systems available in Brandenburg, including the youth welfare services, schools, vocational training facilities, the judicial social services and independent youth welfare service providers. The youth detention facility works especially closely with the Youth Welfare Office, the Judicial Social Services, the Employment Agency and primary carers. The binding requirements which the Joint Commission called for and the institutional networking between these agencies and the youth detention facilities have, thus, been incorporated into the draft legislation. The youth detention facility has been endeavouring for some time now to establish networks with the aforementioned agencies and facilities. Regular consultations with a psychologist or external contractual partners have so far not been available. The Joint Commission feels it would be useful to establish cooperation with local youth psychologists and youth psychiatrists. That would mean that mental disorders which are already in evidence during youth detention could be diagnosed more easily and treated as soon as possible after discharge from youth detention. This is also considered desirable according to the Ministry of 5.1.3 – Further recommendations of the Joint Commission for improving the conditions of detention and response of the Ministry of Justice of Brandenburg According to the head of the institution, a meeting is held with detainees prior to their being discharged only if they are discharged early; otherwise, prison staff tend to carry out these meetings more in passing. The head of the institution forwarded several discharge reports to the Joint Commission by way of example. The facility does not offer all juveniles an official meeting upon their discharge. However, the Joint Commission feels that such a meeting would be useful for all juveniles. It can also serve to indicate what outpatient support is available for the period after discharge and to give juveniles the necessary help in that regard. In general, the Joint Commission suggests that when restructuring the enforcement of 54 CPT/Inf/E (2002) 1 - Rev. 2010, margin no. 34 CPT/Inf (2012) 6, margin nos 122–124 56 Council of Europe, Recommendation CM/Rec(2008)11, No. 84 55 89

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