Report of the HRD on the activities of the National Preventive Mechanism in Poland in 2011
The National Preventive Mechanism recommended:
• Eliminating collective responsibility;
• Eliminating the possibility to transfer a juvenile to another establishment from
the catalogue of sanctions;
• Eliminating from the catalogue of sanctions the disciplinary measures not justified by safety reasons but limiting the contacts of juveniles with their families and
their participation in school classes;
• Eliminating the use of transition rooms as a punishment.
c) Right to contact with the outside world
The visiting team always checks if juveniles can exercise their right to contact their
families and persons close to them. The majority of establishment attempted to contact
parents or guardians of juveniles upon their admission to allow the former to participate
in the educational process (JS in Dominów, JS in Chojnice, JDT in Świecie, JDT and JS
in Konstantynów Łódzki). However, some irregularities were found in JDT in Nowe. Juveniles at the Centre were not allowed to call their parents upon arrival. Furthermore, in
line with the “Regulations on using the phone in Juvenile Detention Centre in Nowe” all
phone conversations were monitored – they took place in the presence of a tutor and the
information whom the juveniles called was recorded. In the opinion of the National Preventive Mechanism, the said provision of the Regulations and the practice followed by
the staff found no ground in the Act on juvenile delinquency proceedings. In response
to the recommendation of the Mechanism, the director of the Centre stated that in his
opinion the practice was justified by educational reasons, since juveniles sometimes talked
to unauthorised persons, used vulgarisms and extortions towards their parents, which required the intervention of the staff. The director argued that the practice used in the Centre
did not violate the Act on juvenile delinquency proceedings. He also explained that the
amendment suggested by the NPM and concerning the ban on calling parents or legal
guardians upon arrival was introduced to the Regulations.
From the interviews with juveniles, the visiting team learnt that in some establishments
letters sent and received by juveniles were always controlled by the staff (JDT in Nowe, JDT
in Świecie, JS in Chojnice, JDT and JS in Konstantynów Łódzki). Such practices violate Article 66(3) of the Act on juvenile delinquency proceedings190. According to the National Preventive Mechanism, permanent control of juveniles’ correspondence is unjustified, except for situations when it is required to ensure safety of juveniles or of other persons. It
is also contrary to the Convention on the Rights of the Child adopted by the United Nations
on 20 November 1989191 which stipulates that every child deprived of liberty shall have the
right to maintain contact with his or her family through correspondence and visits, save in
Dz. U. of 2010, No 33, item 178, as amended.
Dz. U. of 1991, No 120, item 526, as amended.
190
191
106
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents