Report of the HRD on the activities of the National Preventive Mechanism in Poland in 2011
to sanctions or measures164 clearly state that: As part of the normal regime, juveniles
shall be allowed regular periods of leave, either escorted or alone. In addition, juveniles
shall be allowed to leave the institution for humanitarian reasons. The National Preventive Mechanism recommended that the frequency of leaves granted to juveniles is
increased, and that new juvenile residents are given an opportunity to visit their
homes during their first 6 months at the establishment. Since the Director of YCC
in Kalisz refused to implement the above recommendations, the Mechanism addressed
the Chief Education Officer in the Wielkopolskie Voivodship (i.e. the authority responsible for supervising the said establishment) to express his opinion on the recommendations. The investigation, which the Officer carried out in the establishment, revealed
that parents of juveniles staying in the establishments were encouraged to visit them
on a more frequent basis, and that the residents were allowed to hold more telephone
conversations. As for Saint Faustina YCC, its director informed the Mechanism that
the ban on the girls to visit their homes during the first 6 months at the establishment
was justified by a justified concern that they would re-establish their contacts with the
criminal world or escape. Therefore, the Director found the Mechanism’s recommendations in this scope ungrounded. The Chief Education Officer agreed with the Director.
The case will be monitored by the Mechanism.
Representatives of the NPM were also concerned by too strict control of personal correspondence of juveniles (YCC No 2 in Warsaw, Saint Faustina YCC and YCC in Kalisz).
Interviewed juveniles stated that both their incoming and outgoing correspondence was
controlled. Such practices violate Article 66(3) of the Act on j.d.p. Moreover, the Statutes
of YCC No 2 in Warsaw states that in justified cases tutors are entitled to control telephone
conversations and visits received by juveniles. In the opinion of the National Preventive
Mechanism such entitlement is not grounded in the applicable provisions. The NPM
recommended eliminating the above-mentioned practices. Directors of the establishments agreed to comply with the provision of Article 66(3) of the Act on j.d.p.
In one of the establishments (YCC in Cracow), the National Preventive Mechanism’s
representatives were concerned by the recently introduced rule, restricting or limiting the
duration of outgoing calls to family members. Depending on the degree of their resocialization, the use of this right by juvenile residents varied, as well as the duration of calls they
were allowed to make. The National Preventive Mechanism, however, believes that juvenile residents, irrespective of the degree of their resocialization, should be guaranteed
the right to maintain telephone contact with their families.
Having analysed documents of the establishments, the representatives of the National
Preventive Mechanism noted that it was necessary to include in such documents in some
cases (YSC in Piaseczno and YCC in Kamionek Wielki) the rules on visiting the juveniles
staying in such establishments. The recommendation was implemented.
CM/Rec (2008)11.
164
94
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