Members of the Team who in 2011 visited the establishments in the capacity of...
National Preventive Mechanism is entitled to submit proposals and observations concerning existing or draft legislation which concerns persons deprived of their liberty.
In 2011, the NPM put forward an opinion about the draft Ordinance of the Minister of
Justice on the conditions and the method for carrying out tests to determine the concentration of alcohol or some other intoxicating substance in the organism of a juvenile, and
on the procedures for recording such tests and for verifying its results. The Mechanism’s
doubts were raised by the fact that the draft did not determine the authority which would
be competent to instruct juveniles, their parents or legal guardians about their right to a
blood test in order to verify the breathalyzer test results and saliva testing. In the opinion
of the Mechanism, it would be also recommendable to include in the testing protocol a
statement (signed by a juvenile, a parent or a guardian) in which a signee declares that he/
she acquainted himself/herself with the test results and that he/she was instructed by the
guardian about the right to demand verification of the conducted tests.
The National Preventive Mechanism expressed its opinion about the draft Act on
amending the Act on juvenile delinquency proceedings and the Law on the Organisation
of Common Courts. The NPM’s doubts were raised by the fact that the age limit for being
legally recognized as a juvenile has been lowered (to 10 years old), which will allow to detain in care and educational establishments children aged 10. According to the NPM, this
raises some serious doubts in the context of resocialisation and therapeutic guidelines set
out by modern science. In the opinion of the NPM, the decision to delete the provision
which allows to apply a conditional suspension of a juvenile’s detention in a facility was
not justified.
Moreover, the Mechanism submitted no remarks or proposals regarding the draft Ordinance of the Minister of National Education on the detailed rules for referring, admitting,
transferring, releasing and holding juveniles in a youth care centre, nor any remarks on
the draft Ordinance of the Minister of Justice on the detailed specification of the amount
of a scholarship for juveniles participating in vocational training in the form of vocational
internship at school workshops run by a school or a complex of schools within a juvenile
detention centre or a juvenile shelter.
6. Members of the Team who in 2011 visited the establishments
in the capacity of the National Preventive Mechanism
(in alphabetical order)
Ewelina Brzostymowska – a lawyer, graduate of the Lazarski University’s Faculty of
Law in Warsaw, currently a doctoral student at the Institute of Legal Sciences of the Polish
Academy of Sciences. Since 2009, she has been dealing with the issues of executive criminal
law in the Human Rights Defender’s Office.
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