Following the arrest of two teenagers on New Year's Day for allegedly stabbing their father or stepfather, the issue of placing minors in adult prisons has once again come under scrutiny, with calls for reform growing louder.

On New Year's Day, two teenagers allegedly stabbed their father or stepfather, respectively. One of them was placed in the Security Unit (UniSec) in Dreiborn, while the other was transferred to the adult prison in Schrassig.

On Wednesday morning, the non-profit association "eran, eraus… an elo?" held a press conference, sharply criticising the placement of minors in adult prisons. Representatives from the association repeatedly emphasised, "Minors don't belong in prison!" This statement echoes remarks made by Prime Minister Luc Frieden 25 years ago, when he served as Minister of Justice. However, the association lamented that, despite this past declaration, little has changed, accusing Luxembourg of failing to address the issue, to the detriment of its children.

The press conference was prompted by the recent case in which two minors were involved in a fatal stabbing of their father or stepfather. One of the minors is currently incarcerated at the adult prison in Schrassig, a situation the association described as "unacceptable," according to Grégory Fonseca of "eran, eraus… an elo?"

Fonseca pointed out that the issue lies in the state's failure to act for too long. While acknowledging the state's obligation to protect society and other minors, he criticised the €100 million UniSec facility in Dreiborn, designed for adolescents and children, for being ill-suited to the needs of minors in the justice system. Using the recent case as an example, Fonseca noted that when two minors are involved in the same incident, one may have to be transferred to an adult facility, as UniSec cannot accommodate both.

The non-profit also criticised the lack of clear criteria for determining whether a minor should be placed in Schrassig or UniSec.

David Lentz, head of youth protection and family affairs at the public prosecutor's office, clarified in an interview with our colleagues from RTL Télé that only 5% of minors involved in criminal cases are transferred to closed facilities, and this is reserved for "extreme cases."

Lentz further elaborated that the public prosecutor's office prioritises sending minors to UniSec, provided there is space available. As long as one of the twelve available spots is open, underage offenders are placed there, he explained. However, if UniSec reaches full capacity, this does not automatically result in a minor being sent to the adult prison. Instead, this decision is made only when specific conditions are met, such as when the minor poses a threat to public order, no alternative options are available, and urgent action is required to ensure the minor's protection, Lentz added. Only under these circumstances is the minor transferred to the adult prison.

Minister of Justice Elisabeth Margue also emphasised that the transfer of minors to Schrassig prison is an exceptional measure. Regarding the ongoing reform of youth protection and youth criminal law, the government is working on plans for a new youth prison.

Margue confirmed that progress is being made, with the government expecting to complete the plans by the end of 2025. At that time, a funding proposal will be submitted to the Chamber of Deputies.

The future youth prison in Dreiborn will be designed to accommodate up to 24 minors. However, Lentz expressed concerns that this may not be sufficient in the long term, noting that Luxembourg currently lacks both closed and semi-closed facilities for minors.