Agreement on the Enforcement of Criminal Detention for Minors in the French-Speaking Cantons and Partially in the Canton of Ticino

1 This Concordat governs the enforcement of deprivations of liberty referred to in Articles 2 and 3 below, the enforcement of measures involving placement in closed institutions as defined in Article 15 para. 2 of the DPMin, and the enforcement of disciplinary sanctions referred to in Article 5 below, pronounced against minors

if it falls within the responsibility of a signatory canton and

if it takes place in a Concordat institution.

2 For the purposes of this Concordat, "minors" means any person who has not yet reached the age of eighteen.

This Concordat also applies to persons over 18 years of age who are subject to a pre-trial detention order or to a penalty or measure pronounced by a juvenile court, or who reached majority during the course of enforcement.

3 In cases where the Concordat is not imperatively applicable, cantonal law shall apply, with the Concordat law applying as a subsidiary measure.

This agreement shall govern the execution of pre-trial detention orders issued against minors.

1 The execution of deprivation of liberty decisions pronounced against minors (Art. 25 DPMin) is governed by the present concordat.

2 The execution of deprivations of liberty carried out on separate days is not governed by the present concordat (Art. 27 para. 1 DPMin).

3 The execution of deprivations of liberty carried out under a semi-detention regime is not governed by the present concordat, unless explicitly requested by the enforcement authorities (Art. 27, para. 1 in fine DPMin).

The enforcement of decisions on placement in closed institutions in accordance with Art. 15 para. 2 DPMin, is regulated by the present concordat.

Upon explicit request of the management of an institution, the execution of a disciplinary sanction pursuant to Article 16, paragraph 2 DPMin may be attributed to and regulated by the concordat.

The organs of the concordat are

– the Concordat Conference on the execution of criminal detention of minors in French-speaking Switzerland (and partially in Ticino) (hereinafter referred to as the Conference);

– the Secretariat of the Conference;

– the Concordat Commission;

– the Socio-Educational Advisory Commission;

– the Concordat Appeals Authority;

– the Specialized Concordat Commission.

The Conference is the decision-making body of the Concordat. It is competent for

– making all decisions that the Concordat attributes to it;

– supervising the application and interpretation of the Concordat;

– elaborating the implementing regulations of the Concordat;

– adopting directives useful for guiding the concordat cantons with the aim of harmonizing the execution of entrusted measures and penalties;

– electing, upon proposal of the signatory cantons, the members of the Concordat Appeal Authority;

– electing, upon proposal of the signatory cantons, the members of the Specialized Concordat Commission;

– elaborating recommendations or proposals for the concordat cantons, particularly for the provision of new institutions or for improvements to be made to the conditions of execution;

– proposing the modification of the purpose of an institution, if circumstances justify it;

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

– maintaining close relations with the Confederation;

– ensuring essential relations with third parties, particularly with the media;

– promoting the professional training and further education of personnel in establishments dedicated to the penal detention of minors;

– arbitrating differences that may arise between the Visitors' Committee and similar control bodies of the Cantons.

1 The Conference shall be composed of the Head of the competent Department of each Romand canton, two juvenile judges designated by the Association of Latin Switzerland of Juvenile Judges, one person representing the boards of the concordat institutions designated by the Concordat Commission, and the person holding the position of Secretary of the Concordat (with an advisory vote).

2 Cantons that have partially acceded to the concordat are entitled to one representative, designated by the Cantonal Government, with an advisory vote.

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

1 The Conference shall designate the president from among its members.

2 It shall establish a Secretariat whose expenses shall be borne jointly by the concordat cantons. It shall determine the contribution of each canton.

3 It shall meet as required, but at least once a year or when a concordat canton requests it.

4 It shall establish its own procedure.

1 The Conference designates a person to act as secretary. As a rule, this function is exercised by the same person who assumes the role of secretary of the Latin Conference of Authorities Responsible for the Execution of Penalties and Measures.

**2 This person prepares the meetings of the Conference, submits proposals, and drafts the minutes.**

**3 They monitor the execution of the Conference's decisions and carry out the work entrusted to them by the Conference.**

1 The Conciliation Commission is composed of

– three juvenile judges, appointed by the Latin Switzerland Association of Juvenile Judges;

– one person representing the Directorate of conciliation institutions;

– one person representing the cantonal services of each conciliation canton.

2 A person representing the Swiss Conference of Directors of Youth Offices, appointed by the Conference from among its Romand members, participates in the meetings. This person has an advisory vote.

3 The person acting as secretary of the Conference presides over the Conciliation Commission.

4 The Conciliation Commission establishes its own procedure. It is permanent.

The Concordat Commission has the task of

– studying the questions submitted to it by the Conference, by one of its members, or by the secretariat;

– submitting to the Conference, through the person chairing it, all proposals useful for the application and improvement of the concordat.

1 The Consultative Commission is composed of one representative from each canton, chosen as a rule from outside the administration and authorities, and who possesses particular knowledge in the field of children's rights, child protection, or deprivation of liberty. This person is designated by the cantonal government.

2 The person who acts as secretary of the Conference and the person representing the Concordat Commission, the latter designated by the Commission itself, attend the meetings.

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

4 The Consultative Commission decides on the procedural modalities.

The Consultative Commission has the task of

– studying the questions submitted to it by the Conference or by the person acting as secretary or by the Concordat Commission;

– submitting to the Conference, through the person acting as its secretary, or to the Concordat Commission, through the person presiding over it, all proposals it deems appropriate.

E) Concordat Appeal Authority

I. Composition

1 The Conciliar Appeals Authority is composed of three members and two alternates, chosen from among the judges of the Latin cantons.

2 Election to office is valid for a period of four years; re-election is possible.

3 The members of the Conciliar Appeals Authority may not belong to one of the other organs of the concordat.

II. Organization

The appeals authority rules as the intercantonal judicial authority of last resort on appeals lodged against disciplinary decisions pronounced in application of concordat law.

F) Specialized Concordat Commission

1 The specialized conciliar commission shall consist of five members and two substitutes.

2 The election to office is valid for a period of four years; re-election is possible.

3 Members of the specialized Commission may not belong to any of the other concordat bodies.

4 The Conference shall promulgate, by way of regulation, the conditions and qualifications necessary for membership of the Commission, as well as the modalities of its constitution and functioning.

II. Competence

1 The Specialized Conciliation Commission is the competent authority for issuing the preliminary opinion on conditional release, in accordance with Art. 28 para. 3 DPMin.

2 It may also issue a preliminary opinion on any other request from the juvenile criminal authority.

1 The concordat appeal authority constitutes itself autonomously.

2 It draws up internal regulations that must be approved by the Conference.

III. Competence

For the execution of pre-trial detention measures under the aforementioned Art. 2, the concordat cantons shall have a centralized institution, with its seat in the Canton of Vaud, designed according to a modular system, in which minors may be separated based on their sex, age, and the duration of their stay.

For the execution of deprivations of liberty under Article 3 above, the concordat cantons shall have a centralized institution, designed according to a modular system, in which minors may be separated based on their sex, age, and the duration of their stay. This institution may be the same as that provided for in Article 15, but in a section distinct from pre-trial detention.

Placement in a closed institution

1 For measures involving placement in a closed institution, the concordat cantons shall have

– an appropriate institution for girls, located in the Canton of Neuchâtel;

– an appropriate institution for boys, located in the Canton of Valais.

2 These institutions shall be modular, so as to be able to respond at all times to new needs, separating, if necessary, minors according to the nature of the offenses committed and their specific care requirements.

For the execution of disciplinary sanctions in accordance with Article 3 above, the concordat cantons shall have a centralized institution, designed according to a modular system, in which minors may be separated based on their sex, age, and the duration of their stay. This institution may be the same as that provided for in Article 15.

1 The detained minor or minor placed in a closed institution has the right to the respect of their rights and to the particular protection due to their age and vulnerability.

**2 They cannot be discriminated against on account of their race, colour, sex, age, language, nationality, religion, creed, or cultural practices.**

**3 They have the right to respect for their physical and psychological integrity and to security. The measure aims to promote their social integration.**

**4 The exercise of the minor's rights cannot be limited, except in cases where such limitation is imposed by the regime of deprivation of liberty, by the needs of collective life, and by the normal functioning of the institution.**

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

Subject to Article 1, paragraph 2, section 2 above, the concordat institutions provided for in Articles 15 to 18 may not admit adult detainees.

1 Minors in detention or placed in a closed institution shall be accommodated in premises that conform to the objectives of reintegration and respect the need for privacy of young detainees, as well as the necessity of being associated with their peers during certain periods of time.

2 Sanitary, scholastic, sports, and cultural facilities shall be made available to them.

3 Minors in detention must be able to retain their personal belongings and deposit them under satisfactory conditions.

1 Personal effects and accommodation of minors may be searched for reasons of order and security of the institution.

2 A minor suspected of concealing prohibited objects on their person or inside their body may be subjected to a physical search. This search must be carried out by a person of the same sex. If it involves a strip search, it shall take place in the absence of other minors. An internal body examination must be performed by a doctor or another member of the medical staff.

1. Subject to cases of pre-trial detention, for which communication is regulated by the competent investigatory authorities, detained minors or minors placed in a closed institution are authorized to communicate regularly with their families and loved ones or with minor protection services and organizations responsible for the care of detained minors.

2. They are notably authorized to receive visits, exchange correspondence, and establish telephone contact with their families and loved ones, within the limits of the institution's regulations.

3. From the moment the institution's regulations permit, subject to authorization from the competent authority, they may leave the institution to visit their families and loved ones, a minor protection service, or an organization responsible for the care of detained minors.

1 Subject to cases of pre-trial detention, for which conditions of stay are regulated by the competent investigatory authorities, detained minors or those placed in closed institutions must be able to engage in an activity as soon as possible; in particular, they must be able to study and have access to programs that enhance their knowledge.

2 If they work, they must be remunerated. A part of their earnings must be available for personal use; another part shall be allocated as a contribution to their stay and for compensation to injured parties and victims.

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

1. Subject to cases of pre-trial detention where external activities are generally not considered, minors detained or placed in closed institutions must be able to pursue their education or work activities outside the institution, subject to authorization from the competent authority, starting from the moment such activities are planned in their educational and training plan.

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

1 Detained minors or those placed in closed institutions have the right, from the moment of their admission, to consult a physician of the institution in order to ascertain any physical or mental state that requires appropriate intervention.

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

3 The concordat institutions shall offer prevention programs concerning violence, psychotropic substances or those that generate dependency, and transmissible diseases.

1. Minors in detention or placed in closed institutions have the right to an appropriate number of hours of daily free exercise.

2. Except in cases of pre-trial detention, for which the conditions for leisure time are not, as a rule, met, and for minors who are subject to disciplinary sanctions, they must be able to have a certain number of hours of leisure time daily, dedicated, if they wish, to cultural, sports, artistic, or artisanal training. The space and infrastructure necessary for these activities must be provided.

1. Consistent with the operational requirements of the reception facility, minors detained or placed in closed institutions have the right to practice their religious or spiritual confession, specifically to receive visits from an accredited representative of their religion and to participate in religious ceremonies organized within the institution.

2. If an adequate number of minors belongs to the same religion, religious ceremonies will be organized, and an accredited person of that religion will be authorized to visit the minors.

3. They have the right to refuse participation in religious ceremonies or to receive education or advice in this area.

4. Proselytism is prohibited.

1. Detained minors or minors placed in closed institutions have the right to be informed of the behaviors that constitute infractions of the regulations, the nature and duration of the applicable measures, the competent authority to pronounce them, and the possibility of appeal.

2. Inhuman and degrading treatments are prohibited, particularly corporal punishment, deprivation of food, and the prohibition of contact with family. Minors cannot be subject to collective disciplinary measures.

3. Appeals against disciplinary sanctions must be addressed to the Concordat Appeal Authority, which will process them within 10 days of their receipt.

1 Minors detained or placed in closed institutions have the right to obtain an interview with the management of the institution in which they are placed, within a reasonable time.

2 They also have the right to lodge a complaint against the staff, the management of the institution, or against the conditions of detention. A decision of the concordat will determine the procedure.

1 Personnel

The staff of concordat institutions must include persons with the function of custody agent, educator, socio-professional teacher, teacher, psychologist, and the necessary administrative staff. Specialists, such as medical personnel and chaplains, intervene regularly or upon request.

**2 Selection of personnel**

Personnel selection must be carried out on the basis of professional skills and a particular aptitude for working with minors deprived of liberty, always respecting an equitable representation of the professional categories mentioned above.

**3 Training of personnel**

Personnel must benefit from training based on knowledge of child psychology, the specificity of work in a closed environment, and the protection and rights of children, particularly those of detained minors. Personnel must maintain and improve their knowledge by attending refresher courses.

**4 Management**

The person assuming the directorship must be designated based on their knowledge of the deprivation of liberty of minors, their ability to lead an interdisciplinary team, and their aptitude for promoting high-quality socio-educational care.

1 The regime and modalities of penal detention and placement in a closed institution for minors shall be established by a concordat regulation.

2 It shall also determine the procedure for imposing disciplinary measures and the modalities of appeal.

1 The cantonal enforcement authorities retain all powers conferred upon them by the DPMin concerning the enforcement relating to minors entrusted to them and placed in concordat institutions, specifically to decide on

– the end of pre-trial detention;

– conditional or definitive release;

– transfer to another institution;

– the transition from one detention regime, respectively placement, to another;

– the end or suspension of the measure;

– the granting of the first leave and exceptional leaves;

– the possibility of working or pursuing education outside;

– the particular conditions that allow for derogation from the general detention regime;

– all other decisions modifying the status of minors.

2 They are also competent to decide on the accompaniment of minors outside the institution by a trusted person.

1 The competent cantonal authorities shall be immediately informed, through a report drawn up by the institution's management, of any event that may lead to a change in the status of the minor. The institutions' management shall formulate periodic reports on the evolution of the detained minors.

2 The competent cantonal authorities shall submit to the opinion of the institution's management any request from the detained minor or their family, their loved ones, or their trusted person, concerning a change in their status within the institution, the obtainment of a favourable situation, their transfer, or their release.

3 As a rule, the institution's management shall have the minor accompanied to the enforcement authority's hearings by a qualified person, capable of providing useful information for decision-making.

1 The competent authorities of the cantons shall assign to the concordat institutions minors who meet the criteria listed in Articles 2 to 5 of the concordat. The concordat institutions are obliged to accept these minors.

2 The competent authorities shall carry out all administrative formalities relating to the admission of minors, in particular by delivering to the institution's management a copy of the relevant enforcement decisions. They are responsible for regulating the issue of guaranteeing cost coverage (GPCF) as provided for by the Intercantonal Convention on Social Institutions of 13 December 2002 (ICSI).

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

1. The competent authorities recognized by the cantons have free access to all concordat institutions and to all minors detained under their competence.

2. The executing authorities and the concordat cantons designate the officials who are authorized to visit the institutions, without prejudice to the Visitors' Committee.

3. The management of the institutions is authorized to allow other persons who demonstrate a legitimate interest to visit the places of penal detention, respectively of placement in a closed institution, of minors.

Institution and billing of the daily cost price

1 The costs of executing penalties and measures of every concordat institution are governed by the principles of the Intercantonal Convention on Social Institutions of 13 December 2002 (CIIS).

2 The same principles are applied for invoicing the fees to the executing authority, responsible for payment to the institution.

3 If an institution opts for the flat-rate system, the flat rate must be updated every two years.

4 The allocation of costs between the minor, their family, and the responsible public bodies is regulated by cantonal law.

Extraordinary contribution from the concordat cantons

1. If, at the time of the final annual count, it is found that the occupancy rate of the concordat institution was below 50%, the Conference shall set an extraordinary financial contribution that the concordat cantons must pay to the institution. The amount shall be distributed among the cantons taking into account the population criterion.

2. Cantons that have partially acceded to the concordat shall pay an amount determined by the Conference, in proportion to their utilization of the institution in question.

1. Necessary medical expenses (illness and accident) are to be borne by the detained minor, their legal representatives, or a third party (insurance), or, on a subsidiary basis, by the enforcement authorities.

2. Medical expenses due to an accident that occurred during the detained minor's stay in a concordat institution are to be borne by the institution itself.

1 Supervision of the conditions of execution of penal detention or, respectively, of the placement in closed institutions of detained minors, is ensured by a Visitors' Committee (hereinafter referred to as the Committee).

2 The Committee is composed of three to six persons from different cantons, chosen based on their particular knowledge in the field of deprivation of liberty of minors or in the management of institutions, and their independence and political neutrality. They are appointed by the Conference for a term of four years; their mandate is renewable.

3 The Committee determines its own procedure and organization. It may be assisted by experts or translators, whose mandate is made known to the Conference. The Committee's expenses are borne by the budget of the Conference Secretariat.

1 The Committee exercises its oversight through

– visits to facilities;

– visits to minors detained or placed in closed institutions, and with whom it may converse in the absence of witnesses;

– interviews with the management and staff of the institutions;

– the reception of useful documents concerning the modalities of deprivation of liberty;

– the hearing of all persons it deems useful to hear.

2 The Committee submits an annual written report concerning its activities to the Conference. It may formulate recommendations or proposals. It may be called upon to draft a report, upon specific request of the Conference or a concordat canton. The reports are confidential; confidentiality may be lifted by common agreement between the Conference and the Committee, particularly for scientific reasons. The protection of personal data must always be guaranteed.

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

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

– adopt implementing regulations for the concordat;

– decide on the modification of the purpose of an institution located within its territory;

– sign agreements with a non-concordat canton or an intercantonal body with a view to the non-concordat execution of the penal detention of minors.

Every dispute between the concordat cantons or between subordinate bodies of the concordat shall be decided by the Conference as the sole instance.

1 Coordinated parliamentary control is established in accordance with Art. 15 of the Convention on the Participation of Cantonal Parliaments in the Context of the Drafting, Ratification, Implementation and Amendment of Intercantonal Conventions and Cantonal Treaties with Foreign States (Convention on the Participation of Parliaments, CoParl).

2 The Commission is composed of three members per canton, designated by the respective cantonal Parliament.

3 Art. 15 CoParl specifies the mandate and operating procedures of this interparliamentary commission.

1 The concordat shall enter into force on January 1, 2007, after having been approved by the competent authorities of all the contracting cantons.

2 The other provisions of the concordat shall enter into force on the date to be determined by the Conference.

3 The Conference shall ensure that the studies and works concerning the institutions are carried out expeditiously.

The partial or further accession of other cantons to the concordat is open to any Swiss canton that wishes to do so and that adheres to the concordat. The application for accession must be submitted to the Conference, which will determine the modalities of such accession.

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

2 For the remainder, the Conference shall adopt the necessary provisions for the transitional period.

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

1 Every concordat canton has the right to denounce the concordat at the end of a calendar year, subject to a five-year notice period.

2 The notice of denunciation must be addressed by the Cantonal Government to the person presiding over the Conference.

Published in BU 2006, 387; BU 2007, 99 and BU 2017, 299. Ordinance of approval of 21.3.2006 - BU 2006, 386 and BU 2017, 298.