“It’s an extraordinarily painful family drama.” Through these words, the ombudsman for children and young people (OKaJu) Charel Schmit returned to the death of a 54-year-old man in Nouvel An in Esch-sur-Alzette.
The 50-year-old was, according to the first elements communicated on Friday by the prosecution, stabbed on the morning of January 1, by his son and his stepson, two minors aged respectively 15 and 16 years old.
Found seriously injured on the spot, the man later died in hospital. The two teenagers who fled the scene were quickly arrested by the police. One during the day of January 1 and the other the next day.
Although it cannot comment on the merits of the case, due to the investigation opened for parricide, assassination and murder, OKaJu welcomed the emphasis placed on the “presumption of innocence” for these minors in communication from the prosecution.
Furthermore, at the end of the interrogations, a psychiatric evaluation of the 16-year-old boy was decided. After this, the youth judge ordered a provisional custody measure at the Luxembourg penitentiary center (CPL) while the 15-year-old minor was placed in the security unit of the State socio-educational center ( Unisec).
A minor in an adult prison, “a situation undoubtedly linked to the requirements of criminal procedure”, notes OKaJu, but which recalls “the need for ongoing reforms on the protection of youth”. With the ambition that in the future there will be no more detention of minors at the CPL.
If it calls for distinguishing “the particular case of this drama from the general criticism”, OKaJu notes that Unisec is “not well equipped to deal with this type of situation”. He is calling for the construction of the juvenile detention center, currently in planning, and the establishment, through reforms, of a specific criminal procedure for minors.
What do minors risk if they commit a crime punishable by imprisonment? The youth protection law in force (August 10, 1992) provides for the possibility of placement “under supervision in an appropriate establishment” or “a state rehabilitation center”, “for a term which cannot exceed its twenty-fifth year.
“To my knowledge, no such case has arisen, the judicial authorities have found and are finding other more appropriate and educational measures in the current protective regime,” notes OKaJu.
The future law provides, for minors from the age of 13, the possibility of a custodial sentence of a maximum duration of ten years, or half of the maximum sentence provided for an adult. The reform provides for the principle of alternative penalties and takes into account all the procedural guarantees required by European and international law. A minor placed at 17 could therefore remain detained until 27, a measure that could also be replaced by alternatives.
One thing is certain, OKaJu calls not to extrapolate or generalize regarding an alleged increase in juvenile delinquency. “We need figures and criminological evaluations and not draw hasty conclusions.” “The delinquency of minors is constantly evolving and that in the digital environment and that linked to sexual violence are one of the primary concerns throughout Europe and where confinement in prison hardly constitutes an appropriate response in many cases” .
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