Office of the Ombudsman, Samoa‘s National Human Rights Institution Submission to the Committee on the Rights of the Child – September 2015  No uniform induction process for detainees  Insufficient provision of food (2 meals per day);  Remote location of the facility preventing access to family visits;  Inadequate staffing levels;  Incomplete record keeping. Recommendation 20: That the Samoan Government fully implement all the recommendations in the NHRI’s, Detention Centre Inspections Report, June 2015.109 Recommendation 21: That the Samoan Government ensure that a human rights based approach is incorporated in the design and development of the new prison facility at Tanumalala. 86. 11.1 A number of serious areas of concerns were identified during the Oloamanu inspection and additional inspections; Classification of detainees; Hygiene and good health; Labour; and Education and rehabilitation. Classification of juveniles in detention 87. The inspection of Oloamanu Juvenile Centre identified a lack of classification and separation of young prisoners. Within the detention facility there were a number of detainees over the age of 18 which has led to security and safety implications. In December 2014 it was reported that an 11 year old male detainee was raped by a 19 year old male detainee within Oloamanu. 110 The absence of classification and separation of juvenile detainees is in contravention of rule 28 of the Havana Rules. The NHRI encourages the government to ensure that appropriate separation of juvenile offenders from mainstream prison population occurs in accordance with the Prisons and Corrections Act 2013 and the relevant international human rights standards. 88. In addition to juveniles being held in Oloamanu and Tafaigata prisons alongside adults, the NHRI found a juvenile being detained in a police lock up facility in Savaii. The facility was filthy, had poor lighting, very poor ventilation, no bedding and no toilet or shower facilities. Bottles of urine littered the floor. The NHRI demanded immediate action regarding this facility and it has since received a substantial upgrade and assurances have been made not to detain juveniles in these conditions again. The NHRI will follow up on these assurances during the next round of inspections, scheduled for October/November 2015. Recommendation 22: There should be a clear classification and separation of young prisoners. At no times should children be detained 109 110 NHRI, Detention Centre Inspections Report, June 2015, found at www.ombudsman.gov.ws Reported by the Samoa Observer on 10 December 2014 28