7. Closed Detention Centres for Migrants 7.1. Introduction In 2016, the National Mechanism for the Prevention of Torture conducted inspection visits to four closed detention centres for migrants232 (hereinafter: CDC, Centre or facility). 7.2. Systemic problems 1. Detention of juveniles Polish law allows for the confinement in CDCs of unaccompanied juveniles who are staying in Poland illegally. Yet the permissibility of detaining juvenile migrants has been questioned by non-government organizations233, international institutions234 and the Commissioner for Human Rights himself on numerous occasions. The guidelines of the United Nations High Commissioner for Refugees (UNHCR) concerning the criteria and standards governing the detention of persons who seek to be granted refugee status state that, as a general principle, those who apply for refugee status should not be placed in detention. Exceptions are permissible only for the purpose of ensuring public order, public health and security. Unaccompanied migrants under the age of 18 who apply for the refugee status should not be placed in detention. Rule no. 9 states that, in so far as it is possible, such persons should be placed under the care of family members who have obtained refugee status in the given country. If this solution is not possible, competent child welfare institutions should ensure juvenile migrants alternative care in the form of suitable accommodations and proper supervision. In the case of children accompanying migrant parents, the UNHCR recommends considering all suitable alternatives to detention. The UNHCR’s guidelines emphasise that detention may be used in the case CDCs in: Biała Podlaska, Lesznowola, Krosno Odrzańskie and Kętrzyn. Cf. position statement of the Association for Legal Intervention of 30 March 2015, available on the Association’s website. 234 E.g. ECHR’ judgment of 19 January 2010 in the case Muskhadzyhieva v. Belgium, application no. 41442/07. 232 233 76