Part I
15(1) of the Act of 7 September 1991 on the Education System240, persons
who have not turned 18 years old are required to attend school. To recapitulate, all children who are staying on the territory of the Republic of Poland
are subject to compulsory schooling, regardless of their legal status. This
requirement also applies to migrants, whether they are staying in Poland legally or illegally. Therefore, in the NMPT’s view, the Kętrzyn centre’s practice
of ensuring education for juveniles until they reach the age of 18 – which
recognizes the primacy of the Constitution – deserves to be recognized as
recommended also in other such detention centres.
2. Removal of bars from windows
The Centre in Kętrzyn is gradually taking down bars installed in windows.
According to the NMPT visiting team, this practice should be adopted by all
CDCs, particularly those in which children are staying. This is because bars
in windows generate associations with prison, yet migrants staying in such
centres have not committed any crimes. In any case, these facilities are very
well guarded and outfitted with monitoring devices, which minimizes the
possibility of detainees exiting them on their own.
3. Provision of replacement mobile telephones
Because Article 420 of the A.o.A. prohibits detained aliens from holding technical devices that can record images, migrants in CDCs who have
phones that can take pictures are required to deposit them. The NMPT
found, however, that migrants detained in the centres they inspected may
obtain substitute telephones that are the property of the administration during their stays there.
4. Designation of a centre adjusted to the needs of persons
with mobility impairment
The centre in Kętrzyn, as of 2017, has been designated for accommodating migrants with disabilities. The NMPT representatives positively evaluate
this initiative. It should be noted that, pursuant to the UN Convention on
the Rights of Persons with Disabilities, ratified by Poland on 6 September
2012, the signatory states shall undertake appropriate measures, including
the identification and elimination of barriers to building access, so as to enable persons with disabilities to live independently.
Dz.U. of 2015, item 2156.
240
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