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measure or as a special secu- out in an individual sleeping be examined by the YOI’s
rity measure. room, it cannot exceed the doctor.
It can also be applied by period of one month and its The law also states that
court order to a minor who application must comply with there must be an inquiry and
has committed crimes which the rule of last resort, propor- the minors views , as well as
come under the umbrella of tionality to the seriousness of any person who may have
organised crime and must be the offence, adequacy to the useful information, heard.
subject to a regime of intern- minor’s behaviour and per- The minor can appeal against
ment suited to their age and sonality and it cannot jeop- the YOI’s Director’s order to
level of danger. ardise the minor’s health, confine him or her into an in-
Confinement is carried who for that purpose has to dividual room.
The action is always tak-
en without prejudice to the
minor’s right to be outdoors
for at least one hour a day and
any isolation for more than
eight consecutive days or 15
alternating days must be au-
thorised by a judge. Offenders
aged between 16 and 21 are
committed to the adult prison
but separated from the other
prisoners, just like women
and men.
A cultural issue?
One legal expert told
Macau Business: “The prob-
lem raised by the CAT hap-
Visits encouraged
pens everywhere. In Portugal
or other European countries, Despite Beijing’s official
even in the United States you
y
oung offenders Institute (yoI) director bess Wu refers
rejection of the latest
have children in special insti-
to the young inmates as students and insists the facility is
tutions put into isolation cir- Committee Against
being run properly and in the best interests of the youngsters
who serve time there.
cumstances when needed.
Torture’s final report on
She told Macau business: “The only thing we might wish
“In Macau, at 16 you are
for is a new building, other than that we have everything we
judged as an adult, in other
China - Beijing described
need.’’
jurisdictions this happens
the UN document as
asked to comment on geneva’s CaT worries, she said at earlier ages. And aren’t
inmates were subjected to isolation: “We have individual they all children under the
“untrue and slanderous
rooms for them. Many have emotional and behavioural
UN’s eyes? Because of this
problems, and when we detect those cases we try to calm
accusations”
you cannot say that there are
them down by giving them an individual room. They go out two
violations of human rights in
hours per day, they attend classes and can go to the canteen,’’
she said. basically they are “upgraded’’ into a private room: “It
Macau’s prisons. In any case,
is not a cell,’’ she said.
I don’t believe that there is
according to Wu, the inmates are grouped according to
any violation.”
their age, physical size, crime committed and personality: “We
A female lawyer offers a
have meetings to discuss how to group them. our panel of different opinion: “Between
specialists is composed of social workers, doctors, counsellors
16 and 21, juveniles should not
and other professionals related to the field.
be mixed with adult detainees,
“boys are kept together and separated from the girls and
to begin with. And the ques-
the maximum number of students per room won’t go beyond
tion is, should they be treated
four,’’ she says.
Wu also highlighted the constant presence of non-
as adults despite the dangers of
governmental organisations, especially religious groups, in
such action? Anyway, putting
the yoI premises: “right now we have ngo’s working with the
them in special institutions
students, developing programs like teaching them how to play
just for children and subjecting
musical instruments. We also have a Christian father coming them to isolation, won’t this
every week and teams of volunteers every two weeks. We
promote a perverse effect on
encourage ngo’s to come and visits the students”. J . P.
them in the future?”
february 2009
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