Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2014
care centres are not authorised to carry out such searches. The representatives of
the NPM recommended putting an end to these measures.
Putting handcuffs on juveniles is unacceptable as well. Such cases were
identified in two establishments61. Pursuant to Article 95a § 1 of the AJDP, out of
all coercive measures, only physical strength can be used against charges of youth
care centres. One of the YCCs62 in its document, i.e. a coercive action protocol,
provides for using, in addition to physical strength, an isolation room, a body belt
and a straitjacket.
2. Disciplinary procedure
Reservations concerning disciplining juveniles are analogous to those reported in previous years. The visitors most often undermined non-statutory penalties, including additional work or standby duty and physical exercise as a punishment63. Moreover, YCCs developed a grading system which often contained
elements of the so-called double punishment, i.e. for one offense, a charge faced
several consequences64. Catalogues of penalties still include a disciplinary measure in the form of a transfer to another establishment65. What is more, interviews with juveniles revealed that applying collective responsibility66 is common
practice. The abovementioned penalties must not be used pursuant to international standards, e.g. Rule 67 of the United Nations Rules for the Protection of Juveniles Deprived of their Liberty67 (hereinafter referred to as “Resolution 45/113”
or “Havana Rules”): Labour cannot be a disciplinary penalty. (...) Collective sanctions
have to be prohibited (...) No juvenile cannot be punished more than once for the
same offense, Rule 97 of Recommendations CM/Rec(2008)11: Juveniles cannot be
transferred as part of a disciplinary measure and Rule 95.6.: Disciplinary punishment
shall not include a restriction on family contacts or visits unless the offense relates to
such contacts or visits.
YCCs in: Wojnów, Rewal.
YCC in Skarżysko-Kamienna. The director of the establishment was recommended to adapt
the document to legal regulations in place.
63
YCCs in: Rembów, Rewal, Skarżysko-Kamienna, Namysłów, Łańcut, Warsaw (No 4), Zawiść,
Węgrzynów, Krzepice, Herby, Leśnica.
64
YCCs in: Rewal, Skarżysko-Kamienna, Łańcut, Leśnica, Wojnów.
65
YCCs in: Rembów, Skarżysko-Kamienna, Łańcut, Wojnów, Goździków.
66
YCCs in: Skarżysko-Kamienna, Warsaw (No 4), Węgrzynów, Herby, Leśnica.
67
adopted by General Assembly Resolution 45/113 on 14 December 1990.
61
62
28
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