Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2013
3C.3. Areas requiring improvement
3C.3.1. Treatment
In one of the Police emergency centres for children the visitors learned that 20 detained juveniles stayed there in excess of 72 hours (between 5 and 23 days).158 In each of
these cases, the reason behind prolonged stays of juveniles was waiting for a place in juvenile shelters after a judge issued a decision on placement in this type of establishment.
Such a state of affairs resulted primarily from the absence of a provision setting out the
duration of stay of a juvenile in a Police emergency centre for children after a court issues
a decision on placement of a juvenile in a juvenile shelter. Representatives of the National
Preventive Mechanism noted that a common practice of courts was to issue a decision
on juveniles’ stay in a Police emergency centre for children until their transport to the
selected establishment. Usually it took a few days. The Human Rights Defender highlighted the problem many times in her general petitions159 and in the Report on visits to
the Police emergency centres for children carried out by the National Preventive Mechanism.160 The recommendations of the Human Rights Defender were put to practice in
the Act amending the Act on juvenile delinquency proceedings and certain other acts,161
adopted on 30 August 2013. Among a number of changes to the Act, Article 32g § 8 was
introduced, which stipulates that in the event of an order of placement of a juvenile in
a juvenile shelter or temporary placement in a juvenile care centre, professional foster family
or a medical establishment, the juvenile may stay in a Police emergency centre for children
for a time necessary to transport him/her to the relevant professional foster family or to the
relevant medical establishment, centre or shelter, yet no longer than by further five days.
Visitors discovered no instances of ill treatment in any of the visited establishments. However, in one Police emergency centre for children NPM
representatives learned, on the basis of individual interviews with juveniles,
that establishment personnel inflicted punishments on charges in the form of
physical exercise (e.g. “push-ups” or “press-ups”) for infractions such as swearing and inappropriate attitude towards staff members.
3C.3.2. Right to health care
In addition to the above systemic problem, during visits to one of the Police
emergency centres for children the visitors found that the time of examination was
not always stated on a medical certificate.
Police Emergency Centre for Children in Krakow.
RPO-672816-VII-720.8.1/11/JJ.
160
HRD Bulletin. Źródła 2012, No 6.
161
Dz. U. item 1165.
158
159
53
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