Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2013 3A. Youth care centres 3A.1. Introduction In 2013, the representatives of the National Preventive Mechanism visited 15 youth care centres.84 3A.2. Systemic problems Absence of generally binding regulations on disciplining juveniles. This problem was indicated in the 2012 Report. 3A.3. Areas that require improvement 3A.3.1. Treatment It should be emphasised that, in general, the charges of the visited youth care centres expressed positive opinions on the staff and relations between the employees and themselves. There are however reports from charges on the use of physical violence against them (hitting on the nape of the neck)85 and the use of profanity by some employees.86 In many centres it was moreover discovered that the personnel used practices that went beyond their authority, i.e. performing personal searches of juveniles87 and carrying out the tests for the presence of drugs in their body and/ or testing with a  breathalyser.88 Mechanism representatives each time remind Youth Care Centre staff that the law does not grant them with the right to carry out personal searches. Therefore, always when it is required to subject a charge to such a check, e.g. in case of a justified suspicion that he/she tried to bring illegal substances to the centre and refused to produce them voluntarily, the Police should be called to carry out a search. The situation is similar in the case of testing for the presence of drugs or alcohol in the body. Youth Care Centres in: Polanów, Pogroszyn, Wrocław, Jaworek, Goniądz, Warsaw (No 3), Lidzbark Warmiński, Babimost, Nysa, Borowie, Wola Rowska, Podgłębokie, Samostrzel, Rudy, Józefów near Otwock. 85 Youth Care Centres in: Nysa, Lidzbark Warmiński. 86 Youth Care Centres in: Lidzbark Warmiński, Pogroszyn. 87 Youth Care Centres in: Wola Rowska, Borowie, Nysa, Polanów, Rudy, Lidzbark Warmiński, Podgłębokie. 88 Youth Care Centres in: Lidzbark Warmiński, Warsaw (No 3), Goniądz, Wrocław, Rudy, Polanów, Jaworek, Józefów, Borowie, Wola Rowska. 84 41

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