Filenews 4 January 2025
Assistance to 400 minors who passed through police offices or remained in detention due to serious misconduct was provided in 2024 by bailiffs hired by the Ministry of Justice, while in order to deal with the increase in the phenomenon, a special Department has been created in the Police.
At the same time, juvenile prisons are being promoted, a measure considered as the last resort for the management of a child who broke the law, as stated by the Minister of Justice and Public Order, Marios Hartsiotis. We asked the competent minister to refer to his Ministry's actions to manage juvenile delinquency, with Mr. Hartsiotis also pointing out the responsibility of parents so that their child does not cross the line and finds himself against the law.
As he mentions, "as a Ministry we have created a special Department in the Police properly staffed for the management of juvenile delinquency, while police officers have been trained to exercise the special duties of managing juvenile delinquency and investigating the relevant cases. Police Directors and Assistant Police Directors have also been trained to implement juvenile offender programs."
At the same time, Mr. Hartsiotis adds, "we have arranged for the recruitment of guardians who assist minors under arrest and connect them with parents or guardians as well as with social services that provide them with assistance or support. To date, curators have provided assistance and support in approximately 400 cases of juvenile offenders. At the same time, until the establishment of a special detention area for minors outside prisons, we have significantly improved the conditions of detention of minors currently held in prisons, through their stay in a specially designed wing of the prison and the implementation of child-centred correctional approaches during their detention."
The Minister points out that since April 2021, the Children in Conflict with the Law of 2021 (Law 55(I)/2021) has been passed and entered into force. The purpose of the Law is to establish a child-friendly justice system and prevent juvenile delinquency. The law provides for alternative ways of dealing with juvenile offenders mainly through out-of-court procedures, in which the best interests of the child are taken into account. Criminal prosecution, as he observes, is the last measure in exceptional cases and detention is the ultimate penalty, which can be imposed by a special Children's Court established only if the extrajudicial procedures and/or alternative measures provided for by the aforementioned Law are not successful.
Responsibility of parents
Regarding the responsibilities of parents when a child is arrested for delinquency, Mr. Hartsiotis stressed that this is a complex issue and requires delicate and sensitive approaches. "The involvement of parents in the process of managing juvenile delinquency provided for by the Law must be strengthened and their responsibility towards their children and victims must be highlighted. It is also necessary to realize their proper parental role in the education of minors." In addition, he stresses, "it should be made clear that the extrajudicial and child-centred way of managing juvenile delinquency does not mean acquittal of the minor, but on the contrary commitments and obligations by children and parents."
Detention of children with child-centred approaches
Since last May, the regulatory framework for the operation of the first child detention facility has been prepared, which was approved by the Council of Ministers last July and has been submitted to Parliament for discussion and approval. The debate began last October and is still ongoing. The submission of the regulatory framework for the creation of the Children's Detention Center is also an important stage in addressing the serious social problem of juvenile and juvenile delinquency in our country.
As the Minister of Justice notes, there has been a long course of discussions and developments that have resulted in the submission of the Draft Regulations that are before the House of Representatives. It is a modern regulatory framework for the establishment of a detention facility for children that respects the International Convention on the Rights of the Child, all international instruments protecting the rights of minors and young detainees as well as the principles of detention of minors established by law.
The children's detention facility establishes child-centred approaches during the detention of minors, while detention is a last and excellent measure for the management of delinquency and only if other alternative ways of managing it have not been successful.
Detention aims at education, psychosocial support, treatment and general reform of the minor for his smooth social reintegration away from the risk of recidivism and return to prison. A crucial factor of the reform effort is the individualization of the multifaceted support of the juvenile prisoner on the basis of his delinquent behaviour and his particular personality characteristics.
At the same time, following suggestions and in cooperation with the Legal Service, the Ministry of Public Works has prepared a bill that provides, by amending Article 125 of the relevant legislation, specific regulations, the most important of which provides for an expansion of the powers and responsibilities of the Council of Detention Places for Children, in order to make its role more upgraded and more effective in terms of supervision, the control and accountability of those who will be responsible for the management of the site, who will be selected by the private sector through an open public tender and those who will be in charge of the security of the site and the care of minors, who will be staff of the Department of Prisons.
In 2026 juvenile prisons
According to the Minister of Justice, in another recent development, the Council of Ministers, at the end of 2024, decided to approve the use and utilization of the Mennogeia Detention Center for Prohibited Migrants (HOKAM), following the completion of the new closed Pre-removal Center in the "Limnes" area next year for the creation of (a) a detention area for children and (b) police detention facilities for children.
It is a place that largely meets the standards set by international and European organizations and with the appropriate remodelling and the necessary improvement works, it can function as a detention facility for children in accordance with the provisions of the relevant law and the relevant regulatory framework, constituting, in fact, a model of such a structure.
In order to promote the creation of the above detention facility, Mr. Hartsiotis says, a special committee has been set up that deals exclusively with the preparation of technical specifications for the establishment and operation of a child detention facility, in which representatives from all involved state services participate.
The Ministry, taking into account the relevant law, the relevant regulatory framework and the views of the committee, has entered into an agreement with an internationally recognized economic operator, which with its expertise and specialized knowledge will assist in the preparation of open tender documents for the assignment of the operation and management of the child detention facility to the private contractor.
When the procedures are completed, the Ministry will be able to launch the open tender for the assignment to a private person of the management of the child detention facility with the aim of being ready to operate immediately after the completion of the new closed Pre-removal Center in the "Limnes" area within 2026.
