a juvenile has been detained
(regardless of whether the juvenile
requests that this be done);
2. Juveniles held in
police custody
97. Bearing in mind its preventive mandate, the CPT’s priority during visits is
to seek to establish whether juveniles
deprived of their liberty have been subjected to ill-treatment. Regrettably, deliberate ill-treatment of juveniles by law
enforcement ofcials has by no means
been eradicated and remains a real concern in a number of European countries.
CPT delegations continue to receive credible allegations of detained juveniles
being ill-treated. The allegations often
concern kicks, slaps, punches or blows
with batons at the time of apprehension (even after the juvenile concerned
has been brought under control), during
transportation or subsequent questioning in law enforcement establishments.
It is also not uncommon for juveniles to
become victims of threats or verbal abuse
(including of a racist nature) whilst in the
hands of law enforcement agencies.
98. It is the period immediately following apprehension when persons are most
at risk of ill-treatment. Therefore, the CPT
has advocated three fundamental safeguards (namely the rights of detained
persons to notify a close relative or
another person of their detention and
to have access to a lawyer and a doctor), which should apply from the very
outset of deprivation of liberty (i.e. from
the moment a person is frst obliged to
remain with a law enforcement agency).
Given their particular vulnerability, the
CPT considers that juveniles held in police
custody should always beneft from the
following additional safeguards against
ill-treatment:
►
law enforcement ofcials should
be under a formal obligation to
ensure that a relative or another
adult person trusted by the juvenile is notifed of the fact that
General Report of the CPT, 2013-2014 ► Page 50
►
a detained juvenile should never
be subjected to police questioning or be requested to make any
statement or to sign any document
concerning the ofence(s) he/she
is suspected of having committed
without the presence of a lawyer
and, in principle, a trusted adult
person (the option “does not wish
to see a lawyer” should not apply
to juveniles);
►
a specifc information sheet setting out the above-mentioned
safeguards should be given to all
juveniles taken into custody immediately upon their arrival at a law
enforcement establishment. The
information sheet must be childfriendly, written in simple and clear
language and available in a variety
of languages. Special care should
be taken to ensure that juveniles
fully understand the information.
99. The CPT considers that nobody
should be held in law enforcement establishments for prolonged periods as such
establishments normally do not provide
suitable conditions and an appropriate
regime. Moreover, experience has shown
that persons in police custody are more
vulnerable and often run a higher risk
of being subjected to torture or other
forms of ill-treatment. It follows that even
greater eforts should be made to keep
the detention in law enforcement establishments to a minimum for juveniles.
In some countries, juveniles continue
to be held in police stations for periods
of ten days or more; such practices are
unacceptable. The CPT considers that, as
a rule, juveniles should not be held in a
law enforcement establishment for more
than 24 hours. Further, every efort should
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents