Places visited by the National Preventive Mechanism in 2011
exceptional circumstances192. Correspondence of juveniles may be controlled by the director
of the establishment, centre or shelter or by an authorised pedagogical staff member only in
case of justified suspicion that its contents undermines legal order, compromises safety of the
establishment, centre or shelter, stands in contrast to public morals or may have an adverse
impact on the pending proceedings or rehabilitation of juveniles. If such content is found,
correspondence is not delivered and the fact, along with its justification, is notified to the
juvenile and the family court executing the decision. The juvenile is also advised about the
right to file a complaint referred to in Article 38 of the Act on juvenile delinquency proceedings. The said correspondence is transferred to the personal file of the juvenile. The director
of the Shelter in Chojnice informed the Mechanism that correspondence of all juveniles was
subject to control, since the administration found it difficult to meet the requirements of
the Act. In reply the National Preventive Mechanism reiterated its position on the issue. The
directors of other centres accepted the recommendations of the Mechanism.
Furthermore, in two establishments the Regulations specifying the rules governing the
contacts of juveniles with persons from outside the centre did not provide for a possibility
of direct contact of juveniles with persons other than their parents, siblings or guardians
(JDT in Świecie, JDT in Nowe). Article 66(4) of the Act on juvenile delinquency proceedings grants the director of establishment the right to restrict or prohibit the contact of
juveniles with the persons from outside the establishment, but only if such contact undermines legal order, compromises safety of the establishment, centre or shelter or has an
adverse impact on the pending proceedings or rehabilitation of the juvenile. Furthermore,
every time the director prohibits the contact of a juvenile with the persons from outside
the juvenile establishment, centre or shelter he/she must immediately notify this decision
and its justification to the juvenile and the family court executing the decision. The family
court may overrule the decision of the director.
The director of the JDT in Świecie and the director of the JDT in Nowe accepted the
recommendation to amend the said documentation.
The National Preventive Mechanism recommended:
• Eliminating the excessive control of correspondence of juveniles and adjusting
the relevant provisions of the regulations to the Act on juvenile delinquency
proceedings;
• Providing the possibility of direct contact of juveniles with persons other than
their parents and legal guardians.
d) Right to health care
Juvenile residents of Juvenile Detention Centre in Nowe, interviewed by the representatives of the NPM, complained about health care, i.a. about the lack of specialist medical
192
Article 37 of the Convention on the Rights of a Child.
107
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