3 Criminal Law - Criminal Procedure - Enforcement - 32 Criminal Procedure - 323 Applicable Regime for Children and Adolescents - Chapter One Scope of Application

1. This concordat governs the execution of deprivations of liberty designated in Articles 2 and 3 below, the execution of placement measures in a closed institution as defined by Article 15, paragraph 2, letter b of the DPMin, and the execution of disciplinary measures indicated in Article 5 below, pronounced with respect to minors

a) if it falls to a signatory canton; and

b) if it takes place in a concordat institution.

2. By "minor," it is meant any person up to the age of 18. This concordat also applies to persons over 18 years of age who are subject to a pre-trial detention decision or a sentence or measure pronounced by a juvenile court or who have reached the age of majority during execution.

3. When the concordat is not imperatively applicable, cantonal law applies, with the concordat law intervening as a supplementary measure.

1 Governed by this concordat is the execution of pre-trial detention decisions

a) made concerning minors under 15 years of age, when they exceed five days;

b) made concerning minors over 15 years of age, when they exceed fourteen days.

2. At the request of the prosecuting authorities, the execution of all other pre-trial detention decisions may be governed by this concordat.

1. Governed by this concordat is the execution of deprivation of liberty decisions pronounced against minors (Article 25 DPMin).

2. The execution of deprivations of liberty carried out on separate days is not governed by this concordat (Article 27, paragraph 1 DPMin).

3. The execution of deprivations of liberty carried out under a semi-detention regime is not governed by this concordat, unless requested by the execution authorities (Article 27, paragraph 1 final DPMin).

1. The execution of decisions for placement in a closed facility as per Article 15, paragraph 2, letter b DPMin is governed by this concordat.

2. The execution of placement in a closed facility for therapeutic purposes as per Article 15, paragraph 2, letter a DPMin is not governed by this concordat.

At the request of the management of an institution, the execution of a disciplinary measure as defined in Article 16, paragraph 2 of the DPMin, may be entrusted to the centralized facility provided for in Articles 15 and 16 of this concordat.

The bodies of the concordat are

a) The Concordat Conference on the Execution of Penal Detention for Minors in French-speaking Switzerland (and partially in Ticino) (hereinafter: "the Conference");

b) The Secretariat of the Conference;

c) The Concordat Commission;

d) The Socio-Educational Advisory Commission.

The Conference is the decision-making body of the concordat. It is responsible for

- making all decisions assigned to it by the concordat;

- overseeing the application and interpretation of the concordat;

- developing implementing regulations for the concordat;

- adopting directives aimed at the concordat cantons to harmonize the execution of assigned measures and penalties;

- making recommendations or proposals to the concordat cantons, particularly regarding the provision of new facilities or the improvement of execution conditions;

- proposing the modification of the allocation of any facility, if circumstances justify it;

- proposing to enter into an agreement with a non-concordat canton or an inter-cantonal organization for the extra-concordat execution of penal detention of minors;

- maintaining relations with the Confederation;

- ensuring necessary relations with relevant third parties, particularly the media;

- overseeing the professional and continuous training of staff in facilities assigned to the penal detention of minors;

- arbitrating disputes that may arise between the Visitor Committee and the oversight bodies of this type in the cantons.

1 The Conference consists of the Head of the relevant Department from each of the French-speaking cantons, two juvenile judges appointed by the Association of Latin Swiss Juvenile Judges, a person representing the management of the concordat institutions, designated by the Concordat Commission, and the person who assumes the role of Secretary of the Concordat (with advisory vote).

2. The cantons that partially adhere to the concordat are entitled to a representative, appointed by the Cantonal Government, who has an advisory vote.

3. The Conference may invite members of the Concordat Commission or members of the Advisory Commission to participate in the sessions.

1. The Conference appoints one of its members to preside over it.

2. It establishes a Secretariat, the expenses of which are collectively borne by the concordat cantons. It determines the contribution of each canton.

3. It meets as often as necessary, but at least once a year or whenever a concordat canton requests it.

4. It determines its mode of procedure.

1. The Conference appoints a person as secretary. In principle, this position is held by the same person who serves as the secretary of the Latin Conference of Competent Authorities for the Execution of Sentences and Measures.

2. This person prepares the meetings of the Conference, submits proposals to it, and keeps the minutes.

3. They ensure the implementation of the Conference's decisions and carry out the tasks assigned by it.

1. The Concordat Commission is composed of

a) the three juvenile judges designated by the Conference upon the proposal of the Latin Swiss Association of Juvenile Judges;

b) a person representing the management of each institution established by the concordat;

c) a person representing the cantonal service of each concordat member canton.

2. A representative of the Swiss Conference of Directors of Youth Offices, designated by the conference from among its French-speaking members, participates in the meetings. They have an advisory vote.

3. The person acting as secretary of the Conference chairs the Concordat Commission.

4. The Concordat Commission determines its procedures. It is permanent.

The Concordat Commission is tasked with

- studying the issues submitted to it by the Conference, one of its members, or the secretariat;

- submitting to the Conference, through the person presiding over it, any useful proposals for the application or improvement of the concordat;

- designating from among its members the three persons who constitute the ad hoc complaint authority as per Article 29, paragraph 3 of the concordat, with the understanding that the person presiding over the Concordat Commission cannot be a part of this body.

1. The Advisory Commission is composed of one person per canton, chosen in principle from outside the administration and the authorities, possessing specific knowledge in the areas of children's rights, youth protection, or deprivation of liberty. This person is appointed by the Cantonal Government.

2. The person who serves as the secretary and the one who represents the Concordat Commission, the latter being designated by it, attend the meetings.

3. The person who presides over the Advisory Commission is appointed by the Commission itself.

4. The Advisory Commission determines its own procedures.

The Advisory Commission is tasked with

- studying the issues submitted to it by the Conference or by the person acting as secretary or by the Concordatory Commission;

- submitting to the Conference, through the person acting as its secretary, or to the Concordatory Commission, through the person presiding over it, any proposals it deems appropriate.

**The Concordat Cantons** have, for the execution of pre-trial detention measures as defined in Article 2 above, a centralized facility located in the Canton of Vaud. This facility is designed in a modular system where minors can be separated according to gender, age, and the duration of their stay.

Concordat cantons shall provide a centralized facility for the enforcement of deprivations of liberty as defined in Article 3 above. This facility shall be designed with a modular system, allowing for the separation of minors by gender, age, and duration of stay. This facility may be the same as the one mentioned in Article 15 above, but in a separate section from pre-trial detention.

1. The concordant cantons shall provide for the execution of placement measures in closed institutions

b) an appropriate institution for boys located in the canton of Valais.

2. These institutions shall be adaptable in order to meet the needs at all times and, if necessary, to separate minors according to the nature of the offenses committed and the care to be implemented.

Concordat cantons have a centralized facility for the execution of disciplinary measures as defined in Article 5 above, designed according to a modular system, where minors can be separated based on gender, age, and the duration of their stay. This facility may be the same as that provided for in Article 15 above.

1. A minor who is detained or placed in a secure facility is entitled to respect for their rights and the special protection due to their age and vulnerability.

2. They cannot be discriminated against based on their race, color, sex, age, language, nationality, religion, religious beliefs, or cultural practices.

3. They have the right to respect for their physical and mental integrity and safety. The measure aims to promote their social reintegration.

4. The exercise of the minor's rights is restricted only to the extent required by the deprivation of liberty, by the demands of communal life, and by the normal operation of the institution.

5. From the onset of detention or placement, the minor and their legal representative are informed about the above principles.

Minors who are detained or placed in a closed facility are completely separated from adult detainees. Subject to Article 1, paragraph 2, subsection 2 above, the concordat institutions provided for in Articles 15 to 18 cannot admit adult detainees.

1. Minors who are detained or placed in a closed facility are housed in premises that comply with rehabilitation objectives and can meet the privacy needs of detained minors, while also ensuring the necessity of being associated with their peers at certain times.

2. Sanitary, educational, sports, and cultural facilities are made available to them.

3. Minors must be able to retain their personal effects and store them under satisfactory conditions.

1. The personal effects and living quarters of minors may be inspected for reasons of order and safety within the establishment.

2. A minor suspected of concealing prohibited items on their person or within their body may be subject to a body search. This must be conducted by a person of the same sex. If it involves undressing, it should be done in the absence of other minors. An examination of the interior of the body must be performed by a doctor or other medical staff.

1. Except in cases of pre-trial detention where communication conditions are governed by the competent investigative authorities, minors who are detained or placed in secure facilities are permitted to regularly communicate with their families and relatives or with child protection services and organizations responsible for the care of detained minors.

2. They are notably allowed to receive visits, exchange correspondence, and establish phone contacts with their family and relatives, within the limits of the institution's regulations.

3. As soon as it is permitted by the institution's regulations and with the authorization of the competent authority, they may leave the institution to visit their family and relatives or a child protection service or an organization responsible for the care of detained minors.

1. Except in cases of pre-trial detention where occupancy conditions are governed by the competent judicial authorities, minors detained or placed in a closed facility must be able to engage in an activity as soon as possible; they should notably be able to study and have access to programs that enhance their knowledge.

2. To the extent that they work, they must be remunerated. Part of this money should be available for personal use; another part will be allocated to contribute to their stay and to compensate injured parties and victims.

3. Within the limits compatible with individual capacities, the necessities of deprivation of liberty, and the institution's internal or external practical possibilities, they must be able to choose the type of work they wish to perform.

1. Except in cases of pre-trial detention where conditions for outside activities generally do not apply, minors who are detained or placed in a closed facility must be allowed to pursue their educational or work activities outside the facility, with the authorization of the competent authority, as soon as it is deemed appropriate from an educational and training standpoint.

2. Training or activities that can be continued after release are encouraged.

**1.** Minor persons detained or placed in a closed facility have the right, upon admission, to consult the facility's physician to detect any physical or mental condition requiring appropriate intervention.

**2.** They have the right to receive curative and preventive medical care, as well as the necessary medications to treat their conditions.

**3.** Concordant facilities shall offer prevention programs dealing with violence, psychoactive or addictive substances, and communicable diseases.

1. Minors who are detained or placed in a closed facility are entitled to an appropriate number of hours of free exercise per day.

2. Except in cases of pre-trial detention where recreational conditions do not typically apply, and for minors subject to disciplinary measures, they must also have a certain number of leisure hours each day dedicated, if they wish, to cultural, sports, artistic, or artisanal training. Necessary space and facilities must be provided for these activities.

1. To the extent compatible with the operation of the institution, minors detained or placed in a closed institution have the right to meet the requirements of their religious or spiritual life, including receiving visits from an accredited representative of their religion and participating in religious ceremonies organized within the institution.

2. If an appropriate number of detained minors belong to the same religion, religious services will be organized, and an accredited representative of that religion will be authorized to visit the interested minors.

3. They have the right to refuse to take part in religious services or to receive education or counseling in this area.

4. All proselytizing is prohibited.

1. Minors detained or placed in a closed institution have the right to be informed of the actions constituting offenses against the rules, the nature and duration of applicable measures, the authority empowered to impose them, and the possibility of appeal.

2. Inhuman and degrading treatments are prohibited, including corporal punishment, deprivation of food, and prohibition of contact with family. Detained minors shall not be subject to collective disciplinary measures.

3. Appeals against disciplinary measures must be addressed to a delegation of three members of the Concordat Commission, who will handle them diligently. In principle, the presidency of this delegation shall be held by a juvenile judge.

1. Minors who are detained or placed in a closed facility have the right to obtain, within a reasonable time frame, a meeting with the management of the facility where they are placed.

2. They also have the right to lodge a complaint regarding their conditions of detention with the management of the facility, which will transmit it, along with its opinion, to the competent cantonal authority.

1. The staff of the concordant institutions must include individuals serving as detention officers, educators, socio-professional trainers, teachers, psychologists, and the necessary administrative personnel. Specialists, such as care providers and chaplains, shall intervene regularly or upon request.

2. The selection of personnel must be based on professional capabilities and specific aptitude for caring for minors deprived of liberty and shall ensure gender diversity among the staff.

3. The staff must receive training based on knowledge of child psychology, the specifics of working in a confined environment, and the protection and rights of the child, especially those of the detained minor. The staff shall maintain and enhance their knowledge by attending continuing education courses.

4. The person who assumes the leadership must be chosen based on their knowledge concerning the deprivation of liberty of minors, their ability to lead an interdisciplinary team, and their capacity to promote high-quality socio-educational care.

1. Furthermore, a concordant regulation shall be established to set the regime and modalities for the penal detention and placement in a closed facility of detained minors.

2. It shall also establish the procedure for imposing disciplinary measures, as well as the method of appeal.

1. The competent enforcement authorities of the cantons retain all the powers conferred on them by the Juvenile Penal Code with regard to the execution for minors detained under their authority and entrusted to concordat institutions, particularly to rule on

- any other decisions modifying the status of detained minors.

2. They are also competent in matters of monitoring the detained minor by a trusted person, external to the institution.

1. The competent authorities of the cantons shall be immediately informed, by a written report from the management of the establishment, of any event that may lead to a change in the status of the detained minor. The management of the establishments shall prepare periodic reports on the development of the detained minors entrusted to them.

2. The competent authorities of the cantons shall submit for the opinion of the establishment's management any request made by the detained minor, their family, relatives, or trusted person, aimed at modifying their status in the establishment, obtaining a benefit, or concerning their transfer or release.

3. In principle, the management of the establishment shall ensure that the detained minor is accompanied to the hearings of the executing authority by a qualified person capable of providing the necessary information for the decision-making process.

1. The competent authorities of the cantons place minors who meet the criteria set forth in Articles 2 to 5 of the concordat, under their jurisdiction, in concordat institutions. The concordat institutions are obliged to accept these minors.

2. The competent authorities carry out all administrative formalities related to the admission of minors, notably providing the management of the institution with copies of the relevant execution decisions. They are also responsible for providing the guarantee required by Article 15 of the Convention relating to institutions of February 2, 1984, or the CIIS.

3. Exceptionally, and in cases of pre-trial detention, the competent authorities reserve the right to place minors who nonetheless meet the criteria of Articles 2 to 5 of the concordat in a non-concordat institution, provided they already have an appropriate structure or for reasons of security or health.

1. Competent authorities recognized by the cantons shall have free access to all facilities operating under the concordat and to all detained minors under their authority.

2. The executing authorities and the concordat cantons shall designate public officials authorized to visit the facilities, without prejudice to the Visitors' Committee.

3. The management of the facilities is empowered to authorize other persons demonstrating a legitimate interest to visit the penal detention facilities or the institutional placement of detained minors.

1. The determination of the daily cost price of each concordant institution is governed by the principles of the Convention on Institutions of February 2, 1984, or the CIIS.

2. The same principles are applied to the billing of the pension cost to the executing authority, which is responsible for payment to the institution.

3. The distribution of expenses between the minor detainee, their family, and the responsible public entities falls under cantonal law.

1. If, at the time of the annual final accounting, it appears that the occupancy rate of the affiliated institution has been below 50%, the Conference shall set an extraordinary financial contribution to be paid by the concordat cantons to the institution. This amount is distributed among the cantons based on the population criterion.

2. For the cantons that have partially adhered to the concordat, they shall pay the amount determined by the Conference to the extent that they utilize the institution concerned.

1. Necessary medical expenses (illness and accident) are covered by the detained minor, their legal representatives, or a third party (insurance). Failing this, they are borne by the executing authority.

2. The consequences of an accident occurring during the detained minor's stay in a concordant institution are assumed by the institution.

**1. The Supervision of the Conditions of Execution of Penal Detention or, respectively, the Placement in a Secured Facility for Detained Minors**

The supervision of the conditions of execution of penal detention or, respectively, the placement in a secured facility for detained minors, is ensured by a Committee of Visitors (hereinafter referred to as "the Committee").

2. The Committee is composed of three to six members, each from a different canton, selected based on their specialized knowledge in the field of deprivation of liberty for minors or in the management of facilities, as well as their independence and political neutrality. They are appointed by the Conference for a term of four years, which is renewable.

3. The Committee establishes its procedures and organizational structure. It may include individuals with roles as temporary experts or translators, whose mandate is communicated to the Conference. The Committee's expenses are included in the Conference Secretariat's budget.

1. The Committee exercises its oversight by

- visiting the establishments;

- visiting detained or placed minors, with whom it can have discussions without a witness;

- conducting interviews with the management and staff of the establishments;

- accessing any useful document related to the conditions of deprivation of liberty;

- hearing from any person it deems useful to hear.

2. The Committee submits a written annual report to the Conference on its activities. It can make recommendations or proposals. It may also be required to report on a specific request from the Conference or from a contracting canton. These reports are confidential, although confidentiality can be waived by mutual agreement between the Conference and the Committee, particularly for scientific reasons. The protection of personal rights must be guaranteed at all times.

3. The Committee and each of its members have free access to all premises and all detained minors.

In accordance with its constitutional provisions, each concordat canton is competent to

a) adopt the implementing regulations of the concordat;

b) decide on the modification of the use of an establishment located within its territory;

c) enter into an agreement with a non-concordat canton or an intercantonal body for the non-concordat implementation of the penal detention of minors.

Any dispute between the concordat cantons or bodies subordinate to the concordat shall be settled by the Conference as a sole instance.

1. Coordinated parliamentary oversight is established in accordance with Article 8 of the Convention of March 9, 2001, concerning the negotiation, ratification, execution, and amendment of inter-cantonal agreements and treaties with foreign entities (hereinafter: "the Convention").

2. The Commission is composed of three members per canton, appointed by the Parliament of the said canton.

3. Article 8 of the Convention specifies the mandate and operational procedures of this inter-parliamentary commission.

1. The concordat shall enter into force if it has been validly approved by the competent authorities of all the cantons involved.

2. The other provisions of the concordat shall come into force on the date that will be set by the Conference.

3. The Conference shall ensure that the studies and works related to the concordat establishments are conducted with expediency.

**Partial or Subsequent Accession of Other Cantons to the Concordat**

Partial or subsequent accession of other cantons to the concordat is open to any Swiss canton that wishes to do so, provided that the applicant commits to the concordat. The request for accession is submitted to the Conference, which determines the terms of such accession.

1. The execution of pre-trial detention decisions, deprivation of liberty, and placement measures in closed institutions that are ongoing at the time of the entry into force of this concordat remain under the jurisdiction of the executing authorities, who will decide whether or not to transfer to the available concordat facilities.

2. For the remainder, the Conference shall make the necessary arrangements for the transitional period.

The cantons shall refrain from concluding agreements that are contrary to the present concordat.

1. Each of the concordat cantons may terminate the concordat at the end of a calendar year, with a notice period of five years.

2. The declaration of termination must be addressed by the Cantonal Government to the member presiding over the Conference.

Thus adopted by the Latin Conference of the Heads of the Departments of Justice and Police

on March 24, 2005, in Fribourg.

The Secretary: The President

Henri Nuoffer Claude Grandjean,

State Councilor

By decision of October 27, 2006, the Conference set the effective date as January 1, 2007.