
A proposal for a new prison dedicated to minors is currently under consideration stemming from a draft bill submitted two years ago. The bill is currently under discussion in the Parliamentary Justice Committee.
The current Minister of Justice, Elisabeth Margue from the Christian Social People's Party (CSV), has confirmed her commitment to moving ahead with the draft bill on juvenile criminal law in her response to a parliamentary question submitted by the Luxembourg Socialist Workers' Party (LSAP). She supports the draft bill originally proposed two years ago by then Minister Sam Tanson. The bill encompasses plans for the establishment of a prison specifically designed for minors.
The draft bill is now the subject of extensive deliberation within the Justice Committee. The committee has solicited numerous expert opinions, including a notably critical one from the Council of State which includes more than two dozen formal objections. Aligned with international principles of children's rights and justice for minors in conflict with the law, the draft bill seeks to address critical issues in the treatment of young offenders.
The initiative gained renewed attention following an incident a month ago when a minor had to be temporarily placed in the Schrassig adult prison due to limited space in the security unit (UniSec) in Dreiborn. The minor returned to Dreiborn after nine days, but this case has prompted questions from LSAP MPs Dan Biancalana and Mars Di Bartolomeo.
Dreiborn detention centre, previously criticised for its "deplorable living conditions", has been known as a melting pot for all kinds of young offenders who have nowhere to go. Psychotherapist Elisabeth Clees intwerviewed 30 people about their experiences at Dreiborn and analysed potential alternatives to help young people from their time in an institution.
The MPs suggested the temporary placement of minors in a specialised unit, the Orangerie, at the Centre Hospitalier du Nord (CHdN) in Ettelbruck. However, this proposal was not pursued in this particular case, as the minor in question did not require specialised psychiatric therapy.
Looking ahead, the government aims to prevent the incarceration of minors in Schrassig once the corresponding legislation is enacted and a dedicated prison for minors is established.
Additionally, the proposed bill defines the age of criminal responsibility to 13 years.