Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2012
provide every juvenile with clothes, underwear and shoes suitable for the current
season, if the juveniles do not use their own clothing. It was recommended that juveniles should be provided with an appropriate amount of underwear necessary for
maintaining personal hygiene, i.e. with at least 2 pairs115.
7. Personal possessions
In the visited establishment all personal items of juveniles are locked in the
deposit and juveniles have no access to their belongings except for 3 family pictures. In addition, it was found that randomly selected personal records of juveniles contained documents demonstrating that the belongings of juveniles are destroyed under supervision, i.e. protocols of the destruction of such items as toothpaste, a sponge, a bathing gel, a nasal stick or an antiperspirant. The regulations
of the Detention Centre stipulate that a juvenile can receive packages containing:
books, clothes, shoes and other items for personal use. A juvenile cannot receive
packages with food, cosmetic products and other items that may be used to smuggle intoxicants or items posing a threat to the safety of the detention centre and
the juveniles. Such items are returned to the sender. Pursuant to Article 61(9) of
the Ordinance on juvenile detention centres, during his stay in the detention centre, a juvenile should leave the items the possession of which is prohibited by the
regulations, the documents and valuables in the deposit. Article 4 of Annex 2 to
the above Ordinance, Managing the documentation of the stay of juveniles in a detention centre and a shelter, clearly stipulates that a detention centre is obliged to
keep documents, personal items and valuables of juveniles remaining in custody
in the deposit. Therefore, destroying personal belongings of juveniles is an illegal
practice which must be eliminated. It was therefore recommended that juveniles
should be allowed to keep their personal items116.
Cf. United Nations Rules for the Protection of Juveniles Deprived of their Liberty (General Assembly resolution 45/113) stipulates that “To the extent possible juveniles should have the right to use their
own clothing. Detention facilities should ensure that each juvenile has personal clothing suitable for the
climate and adequate to ensure good health, and which should in no manner be degrading or humiliating. Juveniles removed from or leaving a facility for any purpose should be allowed to wear their own
clothing. (Rule 36) and Recommendation 66.2 European Rules for juvenile offenders, which provides
that juveniles who do not have sufficient suitable clothing of their own shall be provided with such
clothing by the institution.
116
Pursuant to Rule 35 The possession of personal effects is a basic element of the right to privacy and
essential to the psychological well-being of the juvenile. The right of every juvenile to possess personal
effects and to have adequate storage facilities for them should be fully recognized and respected.
Personal effects that the juvenile does not choose to retain or that are confiscated should be placed
in safe custody. An inventory thereof should be signed by the juvenile. Steps should be taken to keep
them in good condition, Resolution 45/113.
115
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