Report of the HRD on the activities of the National Preventive Mechanism in Poland in 2011
evaluated the procedure for interviewing juveniles and recording the collected information in the form of notes which do not include a juvenile’s personal data, and yet are still
transferred to a relevant Police unit.
The NPM is of the opinion that juveniles cannot be a source of operational or evidence material.
The CPT also recommended taking steps aimed at ensuring that juveniles refrain
from making any statements or from signing documents related to the offences they are
suspected to have committed without the presence of a lawyer and/or a trusted person
on whose support they can rely130.The NPM discovered that also staff members of the
ECC in Gorzów Wielkopolski engaged in operational and investigative activities which
involved juveniles and were conducted for the purpose of the proceedings131. These activities, described in point II of the 2010 Report on the Activity of the NPM Centre in Gorzów
Wielkopolski, were classified as educational activities and were aimed at juveniles. Representatives of the National Preventive Mechanism expressed their concerns related to the
above-mentioned events. The first one can be summed up in a question whether or not
operational and investigative activities are conducted by the Centre’s staff members (as
can be inferred from the report). The second relates to the following question: can such
actions be counted among disciplinary, preventive and educational activities. The head of
the Centre explained that staff members did not engage in any activities which fall within
the scope of competencies of relevant departments in the Municipal Police Headquarters
in Gorzów Wielkopolski. In the opinion of the NPM, conducting investigation in Police
emergency centres is inadmissible, since juveniles are treated subjectively, as a source
of evidence, whereas the task of police officers in ECCs is to resocialise the detained
juveniles. Moreover, such practices make it impossible for the staff to establish a close relationship with a juvenile, a relationship based on mutual respect and trust. Instead of acting
as a role-model and an adult who inspires a feeling of security, a staff member becomes a
representative of prosecuting authority. Consequently, the effectiveness of actions taken by
staff members is low, because by maintaining a distance a juvenile cannot internalise the
norms which he/she is being taught. Moreover, a juvenile’s mental state while at a Centre
and the fact that he/she is deprived of intimacy with people important for him/her may
have a negative effect on his/her mood or behaviour.
In response to the NPM’s Report, the Municipal Police Commander in Gorzów
Wielkopolski announced that the provisions allowing police officers to conduct investigation activities would be removed from the reports on Centre’s activities, and stressed that
Police is responsible for investigating crimes and offences and for prosecuting the perpetrators. Therefore, police officers on duty in ECCs will continue to carry out their tasks
related to investigation activities. Deputy Director of the General Police Headquarters in
See §23 CPT/Inf (2006)11.
RPO-675178-VII-7020.8.1/11.
130
131
72
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