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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