–3–
3.
Detention centres for juveniles
a.
introduction
101. The CPT has long advocated that all detained juveniles who are suspected or convicted of a
criminal offence should be held in detention centres specifically designed for persons of this age,
offering a non-prison-like environment and regimes tailored to their needs and staffed by persons
trained in dealing with the young. Regrettably, this is still far from being the case in many Council
of Europe member states. There has been progress in ensuring that juveniles who are sent to prison
are not held together with adults but in juvenile-only units. However, all too often these units offer
not only poor material conditions but, due to a lack of trained staff, juvenile inmates are also
provided with an impoverished regime, and support and supervision remain inadequate. This means
that juveniles do not benefit from purposeful activities and training in life skills which are beneficial
for reintegration into the community upon release.
On the other hand, the Committee has visited a number of juvenile establishments in several
countries, which are indeed juvenile-centred and based on the concept of living units. These
establishments are composed of small well-staffed units, each comprising a limited number of
single rooms (usually no more than ten) as well as a communal area. Juveniles are provided with a
range of purposeful activities throughout the day, and staff promote a sense of community within
the unit. The CPT considers that this type of centre represents a model for holding detained
juveniles in all European countries.
102. As indicated above, juveniles (whether on remand or sentenced) should as a rule not be held
in institutions for adults but in facilities specially designed for this age group. The CPT considers
that when, exceptionally, they are held in prisons for adults, juveniles should always be
accommodated separately from adults, in a distinct unit. Further, adult prisoners should not have
access to this unit. That said, the Committee acknowledges that there can be arguments in favour of
juveniles participating in out-of-cell activities with adult prisoners, on the strict condition that there
is appropriate supervision by staff. Such situations occur, for example, when there are very few or
only one juvenile offender in an establishment; steps need to be taken to avoid juveniles being
placed de facto in solitary confinement.
103. Juveniles detained under criminal legislation should, in principle, not be held with juveniles
deprived of their liberty on other grounds. Male and female juveniles who are placed in the same
institution should be accommodated in separate units, although they may associate for organised
activities during the day, under appropriate supervision. Special attention should be paid to the
allocation of juveniles belonging to different age groups in order to accommodate their needs in the
best way. Appropriate measures should also be taken to ensure adequate separation between these
age groups in order to prevent unwanted influence, domination and abuse.
The European Rules for young offenders state that young adult offenders may, where
appropriate, be regarded as juveniles and dealt with accordingly. This practice can be beneficial to
the young persons involved but requires careful management to prevent the emergence of negative
behaviour. In this respect, the CPT considers that a case-by-case assessment should be carried out in
order to decide whether it is appropriate for a particular inmate to be transferred to an adult
institution after reaching the age of majority (i.e. 18 years), taking into consideration the remaining
term of his/her sentence, his/her maturity, his/her influence on other juveniles, and other relevant
factors.