Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2013 In her application to the Constitutional Tribunal, the Human Rights Defender pointed out prolonged stays of juveniles in separate living premises and transition rooms, confirmed by the visits of NPM representatives. The visitors had reservations, also highlighted in the application, that during the stay of juveniles in the transition room/separate living premises juveniles do not pursue compulsory education, which was discovered on the basis of an analysis of transition room logbooks108 and interviews with charges.109 3B.2.2. N  on-adjustment of juvenile detention centres/juvenile shelters to the needs persons with disabilities The infrastructure of all the visited establishments was not adapted to the needs of persons with physical disabilities. While non-adaptation of youth care centres results from the lack of funds for this purpose and failure to notice the problem by centre management, in the case of juvenile detention centres and juvenile shelters the problem arises from the wording of the provisions of the Ordinance of the Minister of Infrastructure of 12 April 2002, whose § 16(2) excludes juvenile detention centres and juvenile shelters from the requirement to ensure accessibility to persons with disabilities.110 3B.3. Areas requiring improvement 3B.3.1. Treatment of juveniles NPM representatives generally had a positive opinion of the atmosphere in establishments. The interviewed juveniles emphasised they had a sense of safety and were able to say which members of the staff were trustworthy. They often pointed out that their stay in the establishment has changed them for the better. Yet, the visitors also received reports of mistreatment. During talks with NPM representatives juveniles said that security staff behaved in a provocative way, often using profanity,111 some tutors were aggressive verbally and physically, which resulted in their negative opinion of the atmosphere of the establishment,112 the staff of the dormitory and guards used physical and verbal aggression,113 the work methods of the tutor of one group come down to restrictions and threats of collective Juvenile Detention Centre and Juvenile Shelter in Świdnica. Juvenile Detention Centre in Barczewo. 110 For more on the said Ordinance and correspondence concerning its amendment, see: Prisons/PreTrial Detention Centres. Systemic Problems (point 8). 111 Juvenile Detention Centre in Kcynia. 112 Juvenile Detention Centre and Juvenile Shelter in Racibórz. 113 Juvenile Detention Centre and Juvenile Shelter in Świdnica. 108 109 46

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