VISITS BY THE JOINT COMMISSION
problems. This means that a range of initial and further training courses need to be available which are
geared specifically to youth detention.
What is decisive when it comes to ensuring that
youth detention observes human rights is that its
enforcement is based on clear, comprehensible concepts. These should be set down in writing and made
available to detainees. The Joint Commission assesses
the pedagogical concepts, as far as they affect the
conditions of execution of youth detention, from the
point of view of ensuring full respect for human dignity.
The educational purpose of youth detention should
also be reflected in the external conditions of detention. Structural precautionary measures should be
restricted to what is necessary, since excessive structural and technical precautions are detrimental to that
educational purpose. Internal safety precautions
should be of such a nature that they do not further
increase the already stressful situation of being deprived of one’s liberty and that they grant young offenders a right to privacy.
The findings and insights gained during the visits
which are of relevance to the execution of youth detention are summarised in the following.
In any case, it does not appear necessary to provide
the means of keeping someone under physical restraint, as is the case in the youth detention centres in
23
Neustrelitz, Düsseldorf and Arnstadt. Where required, the detention should be interrupted and
placement in a child or youth psychiatric facility considered.
The specially secured detention rooms in the youth
detention centres in Düsseldorf, Wetter an der Ruhr
and Hahnöfersand are equipped with surveillance
cameras, as a result of which the entire room, including the toilet, is in full view. Decent conditions of
detention for people deprived of their liberty means
that measures must always be taken to protect their
privacy. This also applies to placement in the specially
secured detention room. Here, too, privacy must be
guaranteed by means of corresponding measures when
detainees go to the toilet, for example partial pixellation of the camera image on screen. If need be, it may
be conceivable, in carefully considered, substantiated
and documented individual cases, to permit unrestricted monitoring of the detention room where
there is an acute danger of self-harm or suicide. The
person concerned must at any rate be informed of the
24
fact that optical surveillance is in operation. This
should also be documented.
1.1.2 – Findings and recommendations of the Joint
Commission
Educational measures
The same as applies to the ordering and enforcement of special precautions should also apply to educational and disciplinary measures. Such measures can
include, amongst other things, the removal of articles
or exclusion from communal activities. Juveniles
should, however, never be prohibited from spending
time outside and they should at the very least always
be left with some reading material. According to those
laws on the execution of youth detention which have
been adopted so far, a meeting must first be held with
the young offender, and the sanction can only be the
last resort. According to these laws, segregation in a
specially secured detention room does not constitute
an educational measure. Rather, it represents a special
precaution which is only indicated in specific exceptional cases, for example where there is a risk of selfharm or harm to others. It must never serve as punishment, and a clear distinction must always be drawn
between disciplinary measures and special precautionary measures. No such clear distinction is, for instance, drawn in Wetter an der Ruhr Youth Detention Centre, where placement in the specially secured
detention room is listed in the house rules under the
Special precautions
In view of the educational purpose of youth detention and given that youth detention is not a penalty,
special precautions should be applied circumspectly.
This in particular applies to measures which exclude
21
juveniles from educational activities. Moreover, for
the afore-mentioned reasons, whenever special precautions or the use of direct coercion are ordered,
they should be preceded by an especially strict examination of proportionality. Where placement in a
specially secured detention room is being considered
and in problematic cases, this should include a medical
examination of the detainee and involve child and
youth psychiatrists, psychologists, or child and youth
psychotherapists. Placement in a specially secured
detention room should be kept as short as possible.
Positive mention should be made of the fact that
Moltsfelde Youth Detention Centre has completely
abandoned the use of a specially secured detention
22
room.
21
see also Walkenhorst, Philipp: Schriftliche Stellungnahme zum
Entwurf eines Jugendarrestvollzugsgesetzes Schleswig-Holstein,
Schleswig-Holstein Land Government, Printed Paper 18/2186, p.
21 et seq.
22
The visit was conducted in 2015.
23
24
28
The visit was conducted in 2015.
cf. National Agency, Annual Report 2013, p. 27–28
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