Thematic reports
the NPM are of the opinion that the isolation procedure23 should be regulated in an act (Act on juvenile delinquency proceedings), since it is a procedure interfering to a significant extent into juveniles’ rights and freedoms;
6. extending the offer for juveniles to include a greater number of educational and cultural classes.
The second thematic report also presents the practices and legislations that
require improvement24. The conclusions presented in the report were as follows:
1. the use of CCTV in the places of deprivation of liberty and the following
infringement of the constitutional right to privacy is not always regulated
in an act;
2. new legal regulations on the use of CCTV in prisons and pre-trial detention centres provided for in the Executive Penal Code of 2009 give
rise to doubts with regard to observance of the constitutional principle
of proportionality;
3. despite the new legal regulations, the use of CCTV in the Police establishments is insufficiently regulated;
4. the assumption that the larger number of cameras, the lower risk of extraordinary events, can lead to a wrong conviction about unquestioned
reliability of visual monitoring;
5. direct control of the behaviour of persons deprived of liberty is replaced
by the control by cameras;
6. the images transmitted from the rooms where CCTV is installed are not
always protected against the access of third persons;
7. in some establishments the preventive function of video surveillance is
not used;
8. there are places in the analysed establishments where CCTV cameras are
not installed although these places are of utmost importance for ensuring
security;
9. persons deprived of liberty are not always informed that they are in
a room with video surveillance;
10. numerous persons responsible for operating the CCTV systems in the
places where people are deprived of liberty did not undergo the appropriate training and are not prepared to perform their functions;
11. the use of dummy cameras is inappropriate;
12. the development of legal regulations concerning the restriction of constitutional rights and freedoms should to a greater extent take into account
the opinions and positions of experts.
23
Cf. § 9 of the abovementioned Ordinance.
The report describes the situation of persons monitored in prisons, pre-trial detention centres,
juvenile detention centre, juvenile shelter, sobering-up stations, Police detention rooms, Police
emergency centre for children, youth care centres and youth sociotherapy centres.
24
17
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