Places visited by the National Preventive Mechanism in 2011
to the maximum score in the area of offence, crime and pathology – the juvenile did not
commit any crimes, offences, pathologies, on the contrary he counteracts them and helps in
finding perpetrators of such acts. The above statement could result in the juvenile being
perceived as an informer by the group and certainly discouraged juveniles from trying to
obtain a high score in this area. The Director of the Centre promised to amend the scoring
system, in particular by changing the deprecating statements.
The Mechanism also paid attention to the isolation of juveniles. In line with the Recommendation of the Committee of Ministers to member states on the European Rules for
juvenile offenders subject to sanctions or measures153, the National Preventive Mechanism
is of the opinion that isolation must be used only when it is absolutely necessary to ensure
safety, and must follow closely defined rules. If in very exceptional cases a particular juvenile needs to be separated from the others for security or safety reasons, this shall be decided
by the competent authority on the basis of clear procedures laid down in national law, specifying the nature of the separation, its maximum duration and the grounds on which it may
be imposed (Rule 93.1). Therefore, the NPM recommended that in the Youth Sociotherapy
Centres No 4 and No 2 in Warsaw the rules of isolating juveniles from the group should
be defined more precisely and ensure that juveniles isolated from the group were accompanied by an adult.
Referring to coercive measures used in those centres, the NPM declared that such centres did not have any procedures for using coercive measures in place (Youth Care Centre
in Kamionek Wielki), did not document their use (Youth Care Centre in Antoniewo), or
their procedures were incompliant with the binding law, e.g. they provided for the possibility to use a straitjacket or a restraint154 (Saint Faustina Youth Care Centre, Youth Care
Centre in Łękawa).
The directors of the centres discussed accepted the recommendations of the Mechanism in this regard.
The National Preventive Mechanism recommended:
• Eliminating physical and psychological violence used by the staff of the centre;
• Undertaking measures to prevent development of subculture among juveniles (in
particular to prevent physical violence exercised by juveniles with higher standing in the informal hierarchy against the “weaker” ones);
• Defining more precisely the rules of isolating juveniles from the group to ensure
that they are accompanied by an adult;
• Creating a procedure for using coercive measures, adjusted to the binding legislation, and documenting the use of such coercive measures;
• Eliminating stigmatizing statements from the rules of scoring behaviour.
153
154
CM/Rec(2008)11.
See: Article 95a § 4 and 5 of the Act on juvenile delinquency proceedings (Dz. U. of 2010, No 33, item 178, as amended).
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