Unimplemented since 2021, legislation addressing the conflict of minors with the law remains in limbo, allowing the detention of underage individuals in adult prisons.
As of August 22, 2023, according to data from the Commissioner for the Protection of the Rights of the Child, a minor under the age of 18 and two individuals under 21 were being held in a special wing at the Central Prisons.
Simultaneously, as per a representative from the Ministry of Health’s Psychiatric Services, two minors under 18 are currently detained in the same facility.
This specific wing is situated in a separate area of the prison to avoid contact between young and adult convicts, with its own sports field and school facilities.
However, they share a medical facility with adult inmates.
Moreover, inmates aged 18 to 21 have interactions with adult convicts.
These issues were raised during a session of the Human Rights Committee, where the topic of discussion was “Juvenile Prisons, Operational Systems, and Measures Impacting Children’s Rights.”
As highlighted, regulations for the legislation have not been drafted yet, hindering the establishment of a juvenile detention space.
The Ministry of Justice clarified that the wing at the Central Prisons is a transitional solution, and after the regulations are passed, a tender will be announced for a private entity to establish a detention space for children.
This facility will accommodate 10 to 25 individuals, with programs aimed at rehabilitation and support for juvenile offenders.
Members of Parliament expressed reservations about outsourcing and will visit the Central Prisons on January 15, 2024, seeking, among other things, to meet with underage inmates.
During the session, it was revealed that there are no separate juvenile courts and spaces, with some judges handling cases involving both adults and minors. Additionally, a gap in the management of cases involving both adult and underage individuals was discussed.
