Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2013 3B. Juvenile detention centres and juvenile shelters 3B.1. Introduction In 2013, the representatives of the National Preventive Mechanism made seven visits to detention centres104 and three juvenile detention centres and juvenile shelters.105 3B.2. Systemic problems 3B.2.1. Placing juveniles in transition rooms and separate living premises The problem tackled repeatedly, also in the 2012 Report, is the placement of juveniles in transition rooms and separate living premises. In this case, the HRD requested the Constitutional Tribunal106, by the application of 22 July 2013, for a declaration of non-compliance of § 25(1)(4) of the Ordinance in case of juvenile detention centres/juvenile shelters and § 34 of the Ordinance, to the extent that it refers to relevant application of § 25(1)(4) of the Ordinance, with Article 95 § 3 of the Act on juvenile delinquency proceedings, Article 41(1) in conjunction with Article 31(3) of the Constitution of the Republic of Poland and Article 92(1) sentence 1 of the Constitution. The application provides extensive legal argumentation and shows the operation of the provision in practice, indicating the situations where the challenged provisions were applied in isolation from the premises of their application. Juveniles were placed in establishments for formative reasons, it was treated as a disciplinary measure or used in lieu of a coercive measure. The Defender also raised the issue that in one of the establishments,107 apart from separate living premises, also a room of increased formative influence was set up, both on the basis of § 25(1)(4) of the Ordinance. The rules of these rooms also included other reasons for placing juveniles there, which resulted in a situation where charges could be placed in a separate living premise for every violation of the rules. Juvenile Detention Centre in Trzemeszno, Juvenile Detention Centre in Kcynia, Juvenile Detention Centre in Barczewo, Juvenile Detention Centre in Gdańsk, Juvenile Detention Centre in Białystok (see: description in point 8 of the Report – Recontrols), Juvenile Centre for Social Adaptation in Koszalin, Juvenile Centre for Social Adaptation in Szubin. 105 Juvenile Detention Centre and Juvenile Shelter in: Świdnica, Racibórz, Koronowo. 106 For the application (RPO-724264-VII-13/MMa) and positions of the parties, see: http://www. rpo.gov.pl/pl/content/wniosek-do-trybuna%C5%82u-konstytucyjnego-w-sprawie-systemu-izolacjinieletnich-ze-wzgl%C4%99du-na 107 Juvenile Detention Centre in Kcynia. 104 45