Places visited by the National Preventive Mechanism in 2011
the time for post-dinner rest in sleeping rooms and the time for lights out. On the other
hand, the Minister announced that due to the specific nature of such establishments and
to the short period that juveniles stay in such establishments, which makes it impossible
for them to attend school, there is no need for police officers on duty in ECCs to complete
special training, allowing them to conduct educational activities with juveniles.
In response to the above-mentioned letter from the Ministry, the Human Rights Defender addressed the issues raised therein115. The Human Rights Defender explained that
the recommendations by the National Preventive Mechanism, included in the 2010 Report,
were reflected in international standards and international law, thus it would be necessary to
amend national provisions. Quoting the Beijing Rules, stating that juveniles shall receive care,
protection and all necessary individual assistance – social, educational, vocational, psychological, medical and physical, that they may require in view of their age, sex and personality116, the
Defender declared that it was necessary to legally regulate the question of medical examinations of each newly arrived juvenile, the maximum time of their stay, and the conditions
which the ECC should meet, as well as the regulations of juveniles stay therein. Quoting the
Recommendations of the Committee of Ministers of the Council of Europe on the European
Rules for juvenile offenders subject to sanctions or measures117, the Human Rights Defender
also explained the meaning of educational competencies of police officers on duty in ECCs.
According to these Recommendations, staff responsible for the implementation of community
sanctions and measures and the deprivation of liberty of juveniles shall have adequate initial
training, dealing with theoretical and practical aspects of their work, and be given guidance
that will enable them to have a realistic understanding of their particular field of activity, their
practical duties and the ethical requirements of their work.118 Next to the requirement which
obliges the staff to undergo initial pedagogical training, the Defender also thinks it necessary
to introduce a rule which states that police officers on duty in ECCs should systematically
improve and develop their professional competencies by participating in further trainings.
Adequate level of staff ’s competencies as well as ensuring legal regulations on the functioning
of ECCs are extremely important in the context of protecting juveniles’ rights.
In 2011, the National Preventive Mechanism visited 10 police emergency centres for
children119.
Supervision over juveniles detained in ECCs is the responsibility of officers who are
also their tutors. These people are faced with a difficult task of playing at the same time
the role of a police officer and of a tutor. Due to the dual nature of their job and to the
regulations of Polish legal system, there is a risk that juveniles in ECCs may be abused. The
National Preventive Mechanism, guarding the rights of juveniles and aiming to ensure that
RPO-R-071-32/11.
See: Rule 13.5 in: Standard Minimum Rules for the Administration of Juvenile Justice. Resolution of General Assembly 40/33
of 29 November 1985 (The Beijing Rules).
117
CM/Rec(2008) 11.
118
See: Rule 129.1 CM/Rec(2008) 11.
119
Bydgoszcz, Gorzów Wielkopolski, Lublin, Tarnów, Radom, Kielce, Elbląg, Olsztyn, Poznań, Ostrów Wielkopolski.
115
116
67
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