Direct coercive measures applied to juneniles placed in resocialization institutions

Direct coercive measures applied to juneniles placed in resocialization institutions

Blog Article

Objectives The purpose Grooming of the publication is to analyze direct coercive measures used against minors placed in resocialization institutions, in particular the preventive use of handcuffs against convoyed juveniles.Material and methods This article reviews legislation, literature, and case law to develop conclusions toward changes in the use of direct coercive measures against juveniles.Results The solutions adopted in the new Law on the Support and Resocialization of Minors regarding the use of preventive use of handcuffs on an escorted minor deviate from international standards indicated, among others, in General Assembly Resolution 45/113 of December 14, 1990, and as defined by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT).These provisions interfere with constitutionally protected rights and freedoms in terms of guarantees of judicial review of the legality of the preventive use of handcuffs on convoyed juvenile.

Conclusions The use of handcuffs during the convoy of minors limits their ability to protect themselves from falling - resulting in injury during braking or accidents.Transportation in secure vehicles with appropriate protective services should be sufficient.Moreover, these measures should be used exceptionally, not preventively.Since they deeply interfere with the rights and freedoms of every individual, they should be applied by qualified uniformed services with the ability to verify their actions.

In order to provide guarantees of judicial review of the legality of their use, changes are advocated in the direction of obliging the director of resocialization institutions to inform the court of the preventive use of handcuffs Books against convoyed juvenile.