Places visited by the National Preventive Mechanism in 2011
and noted that all restrictions in this area should be compliant with the applicable law.
The directors of the above-mentioned establishments promised to expand the category of
persons permitted to visit detained juveniles.
It should be emphasized that the NMP had some serious reservations about the rules
governing juvenile’s contacts with their parents which apply in YCC in Kalisz and in the
Saint Faustina YCC in Cracow:
– juveniles could be visited by their parents once a month and talk to them on the phone
only once a week – on a specific day and at a specific time. Moreover, a juvenile who
was newly admitted to the Saint Faustina YCC in Cracow was allowed to contact her
parents only after 7 days. In their talks with the NPM’s staff members, some of girls
stated that they were allowed to contact their parents only after 14 days. The NPM
emphasizes that juveniles should be allowed to contact their families as frequently as
possible, especially during their first days in the establishment. Similar stipulation was
included in the United Nations Rules for the Protection of Juveniles Deprived of their
Liberty163: Every juvenile should have the right to receive regular and frequent visits, in
principle once a week and not less than once a month, in circumstances that respect the
need of the juvenile for privacy, contact and unrestricted communication with the family
and the defence counsel (Rule 60). Every juvenile should have the right to communicate
in writing or by telephone at least twice a week with the person of his or her choice, unless legally restricted, and should be assisted as necessary in order effectively to enjoy this
right. Every juvenile should have the right to receive correspondence (Principle 61). The
National Preventive Mechanism proposed to increase the frequency of visits and
phone calls which juvenile residents are allowed to receive;
– The visiting team was also concerned about the practice for granting passes to female
juvenile residents. Information provided by directors of two establishments suggested that during their first year at these establishments juveniles were granted leaves to
visit their parents/legal guardians for a couple of days during school recess only after
6 months since their admission to the establishment. Moreover, individual interviews
with juveniles revealed that they were entitled to visit their homes about 3 times a year
(sometimes they were issued special leaves in the event of a wedding, a funeral etc.).
Also, in view of the fact that visiting home was regarded as a privilege, the denial of
which was used by the establishments’ staff as a penalty, it was possible that some juveniles left the establishment only once or twice a year. The National Preventive Mechanism believes that such long periods when juveniles are not allowed to leave the
establishment should not be a rule, and should only be used in exceptional cases.
International standards stipulated in Rule 86.1 of the Recommendation of the Committee of Ministers to member states on the European Rules for juvenile offenders subject
163
Resolution of the United Nations General Assembly 45/113.
93
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