Report of the HRD on the activities of the National Preventive Mechanism in Poland in 2011 Mechanism. In the opinion of the NPM, sanctions in the form of a ban on contacts with the family are unacceptable, as stipulated in Rule 61 of the United Nations Rules for the Protection of Juveniles Deprived of their Liberty182: Every juvenile should have the right to communicate in writing or by telephone at least twice a week with the person of his or her choice, unless legally restricted, and should be assisted as necessary in order effectively to enjoy this right. Every juvenile should have the right to receive correspondence. The Recommendation of the Committee of Ministers to member states on the European Rules for juvenile offenders subject to sanctions or measures183 also states that punishment restricting family contacts cannot be applied unless the disciplinary offence relates to such contacts. Disciplinary punishment shall not include a restriction on family contacts or visits unless the disciplinary offence relates to such contacts or visits (Rule 95.6). In response to the recommendations issued by the NPM, the director of the establishment stated that no disciplinary measures had been applied that could restrict contacts of juveniles with their families. The Regulations on Rules of conduct governing the use of disciplinary measures (hereinafter the Rules) of JDT in Świecie did not specify who can request the punishment to be inflicted. Before any disciplinary measures are applied, the director of the Centre conducts an investigation which includes a hearing of the juvenile involved. The procedure only partly complies with the relevant international standards, since it remains unclear whether the juvenile has the right to appeal against the measure inflicted. It must be emphasized that pursuant to the United Nations Rules for the Protection of Juveniles Deprived of their Liberty184, legislation or regulations adopted by the competent administrative authority should establish norms concerning the following, taking full account of the fundamental characteristics, needs and rights of juveniles: (a) Conduct constituting a disciplinary offence; (b) Type and duration of disciplinary sanctions that may be inflicted; (c) The authority competent to impose such sanctions; (d) The authority competent to consider appeals (Rule 68). Another problem with the Rules is the lack of a requirement to consult the Board of the establishment on certain disciplinary measures listed in the Regulations, such as the denial of a pass or holiday to a juvenile resident or submitting a request in another establishment of the same type or of another type, which is incompliant with § 71(2) of the Ordinance on juvenile detention centres and juvenile shelters185. The director of the establishment informed that the relevant recommendations of the NPM had been implemented. Furthermore, the catalogue of disciplinary measures of visited establishments includes a punishment in the form of transfer of a juvenile to another establishment (JDT in Świecie,  Ibidem.  CM/Rec(2008)11.  UN General Assembly Resolution 45/113. 185  Dz. U. of 2001 No 124, item 1359, as amended. 182 183 184 104