Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2013
responsibility.114 Each time, the visitors requested the directors of establishments to
examine the charges of the juveniles and to eliminate the irregularities.
3B.3.2. Coercive measures
The procedures of using coercive measures in force in three establishments115
and the rules of an isolation room in force in one establishment116 were based on
provisions which had been revoked 117or amended.118 In the light of the above,
NPM representatives recommended their redrafting on the basis of current regulations in this regard, i.e. the Act of 24 may 2013 on coercive measures and firearms119 and amendments to the Act on juvenile delinquency proceedings introduced by the said Act.
NPM representatives also pointed to the need to supplement, inter alia, the
rules of use of coercive measures towards the charges and the rules of the isolation
room to include grounds for placing juveniles in the room,120 and to supplement
the instructions on the use of coercive measures to include restrictions on the
duration of stay in an isolation room.121
3B.3.3. Disciplining
The visitors had the most serious reservation about the conditional stay
group in one of the visited establishments.122 According to the rules for charges
of the conditional stay group, it is intended for charges who have demonstrated
particularly bad behaviour, which makes it a disciplinary measure. Staying in this
group has many troublesome aspects, such as no walks or sensory deprivation due
to staying in low standard rooms. NPM representatives recommended liquidating
the conditional stay group.
Juvenile Detention Centre in Trzemeszno.
Juvenile Detention Centre in Gdansk, Juvenile Centre for Social Adaptation in Szubin, Juvenile
Detention Centre and Juvenile Shelter in Racibórz.
116
Juvenile Centre for Social Adaptation in Szubin.
117
Ordinance of the Council of Ministers of 22 February 2011 on detailed conditions and method
of using coercive measures with respect to juveniles in juvenile detention centres, juvenile shelters,
youth care centres and youth sociotherapy centres (Dz. U. No 48, item 248).
118
Article 95a of the Act on juvenile delinquency proceedings.
119
Dz. U. item 628.
120
Juvenile Detention Centre in Kcynia.
121
Juvenile Detention Centre and Juvenile Shelter in Świdnica.
122
Juvenile Centre for Social Adaptation in Koszalin.
114
115
47
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