Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2012
During the previous visits, one of the main reservations voiced by the NPM
representatives concerned the isolation of juveniles in transition rooms for safety reasons for as long as several months. Five transition rooms in the Detention
Centre were transformed into separate living premises. They are furnished in
a very pleasant, home-like way. On the day of the visit, all separate living premises
were occupied by juveniles, most of whom refused to participate in the educational group (the period spent in these conditions ranged from several weeks to 4
months).
The reservations of the visiting team about placing juveniles in separate living
premises mostly related to the long period of their isolation – juveniles spend most
of the day in the room. The provisions in the rules of the Detention Centre and
the situation of the juveniles placed in separate living premises suggest that they
may stay there even for several months. They stay outside the room for about 1 to
1.5 hour daily. They leave the room only to go for a half-hour walk, to go to the
toilet or to clean the corridor and receive meals. The only persons they maintain
contact with are the guards, the tutor and, should the need arise, a nurse/doctor.
The phone calls are made in the corridor always in the presence of a guard. They
have no contact with their peers from the group and they can communicate with
the colleague living next room only by letter (all letters are read by the staff). In
the morning, before they are given breakfast, they have to make 20 push-ups and
20 knee bends in front of the guard. This is called a “morning warm-up”. They are
disciplined for not performing it. Moreover, juveniles are threatened that, if they
behave badly, their personal items will be taken from them (letters, a pencil case,
books) or they will be deprived of certain pieces of equipment (such as the chair).
On the basis of international law standards, the representatives of the National Preventive Mechanism recognise such treatment as inhuman and degrading.
The conditions and functioning of juveniles staying in transition rooms and separate living premises of the Detention Centre do not meet international standards113. Therefore, the visiting team recommended to the director of the Detention
Centre that juveniles should be placed in separate living premises only when it is
necessary to ensure safety and order in the detention centre, and for the shortest
period possible. In addition, the NPM recommended that juveniles placed in separate living premises should have the same rights as other juveniles when it comes
See: United Nations Rules for the Protection of Juveniles Deprived of their Liberty (General Assembly resolution 45/113) hereinafter Resolution 45/113 stipulate that „The design of detention facilities for
juveniles and the physical environment should be in keeping with the rehabilitative aim of residential treatment, with due regard to the need of the juvenile for privacy, sensory stimuli, opportunities for association
with peers and participation in sports, physical exercise and leisure-time activities …” (Rule 32).
113
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