Report of the HRD on the activities of the National Preventive Mechanism in Poland in 2011
He said that he had undergone forensic examination and the beating had been reported
to the prosecutor. The lack of access to personal data prevented the National Preventive
Mechanism from verifying the said event. In accordance with principles stipulated in
instruments of international law, and following the position of the CPT, the National Preventive Mechanism stresses that a child, whose personality is not fully developed and
who is not physically and mentally mature, is susceptible – more than an adult – to ill
treatment and abuses of all kinds, especially immediately after his/her detention. In
view of the above, all persons responsible for detaining, interviewing and isolating a
minor should take special care of protecting his/her rights, irrespective of the reason
for his/her detention.
The National Preventive Mechanism recommended to:
• Eliminate the practice of gathering information from juveniles, which is a duty of
relevant Police departments and units;
• Abandon the practice consisting in producing operational and investigation materials obtained from juveniles detained in ECCs.
d) Right to have contact with the outside world
As far as contact with the outside world is concerned, during their visits to Police emergency centres for children representatives of the National Preventive Mechanism noted the
following irregularities: visits of parents and guardians were conducted in the presence of
police officer, the right to receive visitors and make telephone calls were arbitrary limited
by the ECC staff members.
Representatives of the NPM noted some unlawful provisions in the regulations for visits in the ECC in Tarnów. The regulations put certain limitations on the visits, for example,
a detainee can be denied a visit in the event of “a high number of detainees”; or “juveniles
waiting for a place in a resocialisation establishment, are entitled to receive first visit after
two weeks from his/her admission to the ECC”135. It should be stressed that no provisions
of the applicable law foresee such limitation of juvenile rights. What is more, the abovementioned provision in the regulations for visits suggests that the Centre’s management
regards very long stays (over two weeks) as common. Such long stays, however, as already
mentioned, are against the law. In response to the NPM’s recommendations, the head of
the ECC in Tarnów announced that the rules governing visits to juveniles were amended.
In some Police emergency centres for children visits took place in the tutor’s room,
in the presence of a police officer, which, according to the Chief Police Commander,
violates the right to confidentiality Not satisfied with the response of the head of ECC
in Radom, that a visit paid to a juvenile always takes place in the presence of a tutor or a
RPO-668207-VII-720.8.1/11.
135
74
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