Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2012 a transition room for the period of 14 days in order to subject them to preliminary medical examination, personal background check, hygiene and sanitary treatment, etc. Secondly, national legislation provides a basis for placing a juvenile in a transition room or a separate room for a specified period of time also to ensure safety and order in the establishment. The NPM representatives are of the opinion that the provisions are not precise in this regard, since they do not specify the maximum duration of isolation, the rules governing the stay of the juvenile in the room or explicit reasons for isolation. In the numerous letters exchanged, the Minister of Justice assured that he could see the need for changes and therefore the plans for comprehensive amendment of the Act on juvenile delinquency proceedings and its implementing regulations were being developed. At that time, the guarantees were to take into consideration the issues discussed in the letters from the Human Rights Defender, i.e. the precise specification of the maximum duration of and the grounds for placing juveniles in transition rooms, as well as ensuring their right to daily outdoor activities. However, these issues have not been regulated yet, either in the Act on juvenile delinquency proceedings or in the Ordinance of the Minister of Justice of 17 October 2001 on juvenile detention centre and juvenile shelters110, hereinafter: the Ordinance on juvenile detention centres. However, the Ministry of Justice developed harmonised procedures including a procedure for placing residents of detention centres in a transition room. It contains a provision stipulating that a juvenile should at least once a day leave the transitional room to take a walk. He/she may perform small maintenance work on the premises of the establishment or participate in educational activities. The procedures are published on the website of the Ministry of Justice. In the opinion of the NPM representatives, the development of such a procedure is undoubtedly a good guideline for the directors of establishments, but the issue requires changes in the existing general legislation. In 2012, the Human Rights Defender also requested the Constitutional Tribunal to declare that the provisions on punishing and rewarding juveniles placed in detention centres and juvenile shelters are incompliant with the Constitution111. The problem concerned the creation of a system of punishments and rewards by an ordinance without an explicit statutory authorisation. The request was granted and in its judgement of 2 October 2012 the Constitutional Tribunal declared the provisions on rewarding and punishing to be incompliant with the Constitution112. Dz. U., No 124, item 1359, as amended. Request of 28 February 2012 http://www.sprawy-generalne.brpo.gov.pl/szczegoly.php?pismo=1627569. 112 Judgment of the Constitutional Tribunal of 2 October 2012 (file No U 1/12), Dz. U. of 2012, item 1114. 110 111 54