Report of the Polish Commissioner for Human Rights on the Activities of the National Mechanism for the Prevention ...
or complaints shall be taken promptly82. If a request is denied or a complaint
is rejected, reasons shall be provided to the juvenile and, where applicable, to
the parent or legal guardian who made it. The juvenile or, where applicable,
the parent or legal guardian shall have the right to appeal to an independent
and impartial authority.
In view of the above, on 10 December 2015 the CHR requested the Ombudsman for Children to start mutual cooperation in the area of developing
standards of lodging complaints by juveniles deprived of their liberty83.
On 7 June 2016, a letter was also sent by Deputy CHR to the Director of
the Office of the Ombudsman for Children. In his reply of 21 June 2016, the
Director confirmed that the issues raised in the above mentioned letters had
been discussed in a meeting of the Commissioner for Human Rights and the
Ombudsman for Children, and declared the Ombudsman’s readiness to take
further action in this area.
In the opinion of the NMPT, appropriate regulations in this area are urgently needed.
3.3. Strengths and good practices
During their visits to the youth care centres, the NMPT identified numerous positive initiatives increasing the security of juveniles and building
the positive culture of non-acceptance of torture and other degrading and
inhumane treatment. The following initiatives deserve appreciation:
• Anonymous questionnaires for juveniles, inquiring about: their sense of
security in the establishment, organization of free time, use of so-called
designer drugs in the establishment, prevention of addictions. In the
questionnaires, the juveniles are asked to indicate dangerous places in
the facility as well as to describe: situations of aggressive behaviour; perceived threat of ill-treatment by staff members or other juveniles; and
relationships in the establishment. The results of the questionnaires are
analysed in writing, and specific conclusions are formulated (e.g. stricter
supervision over bathroom areas as particularly dangerous)84.
Recommendation CM/Rec(2008)11 of the Committee of Ministers to member states on the European
Rules for juvenile offenders subject to sanctions or measures (adopted by the Committee of Ministers on
5 November 2008 at the 1040th meeting of the Ministers’ Deputies).
83
CHR’s general intervention of 10.12.2015 to the Ombudsman for Children, ref. no. KMP.573.42.2014.
84
YCC in Wałbrzych.
82
38
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents