Report of the HRD on the activities of the National Preventive Mechanism in Poland in 2011 The National Preventive Mechanism recommended: • Eliminating collective responsibility; • Eliminating the possibility to transfer a juvenile to another establishment from the catalogue of sanctions; • Eliminating from the catalogue of sanctions the disciplinary measures not justified by safety reasons but limiting the contacts of juveniles with their families and their participation in school classes; • Eliminating the use of transition rooms as a punishment. c) Right to contact with the outside world The visiting team always checks if juveniles can exercise their right to contact their families and persons close to them. The majority of establishment attempted to contact parents or guardians of juveniles upon their admission to allow the former to participate in the educational process (JS in Dominów, JS in Chojnice, JDT in Świecie, JDT and JS in Konstantynów Łódzki). However, some irregularities were found in JDT in Nowe. Juveniles at the Centre were not allowed to call their parents upon arrival. Furthermore, in line with the “Regulations on using the phone in Juvenile Detention Centre in Nowe” all phone conversations were monitored – they took place in the presence of a tutor and the information whom the juveniles called was recorded. In the opinion of the National Preventive Mechanism, the said provision of the Regulations and the practice followed by the staff found no ground in the Act on juvenile delinquency proceedings. In response to the recommendation of the Mechanism, the director of the Centre stated that in his opinion the practice was justified by educational reasons, since juveniles sometimes talked to unauthorised persons, used vulgarisms and extortions towards their parents, which required the intervention of the staff. The director argued that the practice used in the Centre did not violate the Act on juvenile delinquency proceedings. He also explained that the amendment suggested by the NPM and concerning the ban on calling parents or legal guardians upon arrival was introduced to the Regulations. From the interviews with juveniles, the visiting team learnt that in some establishments letters sent and received by juveniles were always controlled by the staff (JDT in Nowe, JDT in Świecie, JS in Chojnice, JDT and JS in Konstantynów Łódzki). Such practices violate Article 66(3) of the Act on juvenile delinquency proceedings190. According to the National Preventive Mechanism, permanent control of juveniles’ correspondence is unjustified, except for situations when it is required to ensure safety of juveniles or of other persons. It is also contrary to the Convention on the Rights of the Child adopted by the United Nations on 20 November 1989191 which stipulates that every child deprived of liberty shall have the right to maintain contact with his or her family through correspondence and visits, save in  Dz. U. of 2010, No 33, item 178, as amended.  Dz. U. of 1991, No 120, item 526, as amended. 190 191 106