Report of the CHR on the Activities of the National Preventive Mechanism in Poland
was received, the Commissioner repeated the request47. By the end of the 8th term of the
Senate of the Republic of Poland, no reply was received.
The situation of juveniles in the signalled area will remain in the interest of the Commissioner until adequate legal regulations are developed.
3) Implementation of the right of juveniles deprived of their liberty to file
complaints48
Findings of the representatives of the National Preventive Mechanism cast doubts on
whether there is an effective mechanism for filing complaints by juveniles staying in juvenile detention centres and juvenile shelters, Police emergency centres for children and
youth care centres. Current procedures do not provide protection against any negative
consequences of filing a complaint or protection against further harm from a perpetrator.
On 10 December 201549, the Commissioner for Human Rights asked the Ombudsman for
Children for cooperation in developing standards for filing complaints by children deprived
of their liberty.
The CHR indicated that the Convention on the Rights of the Child50 and the Recommendations of the UN Committee on the Rights of the Child issued on 2 October 2015
during the 2052nd session (CRC/C/SR.2052) and related to the third and fourth periodic
report of Poland on the implementation of the Convention (CRC/C/POL/CO/3-4), i.e. the
execution of Committee Recommendation No 25b, need to be complied with in Poland. In
accordance with the recommendation indicated, it is necessary to review existing complaint
mechanisms and make sure that all children deprived of their liberty have access to a safe
and child-friendly mechanism for filing complaints related to their deprivation of liberty,
detention/internment and treatment conditions.
4) Right to health protection
The visitors were informed that charges, as a rule, are not examined by a doctor upon
their admission to a centre, unless documentation or an interview with a juvenile makes
it necessary51. The representatives of the NPM point out that this practice is contrary to
recommendations of the Committee of Ministers to Member States on the European rules
for juvenile offenders subject to sanctions or alternative measures [hereinafter referred
to as “Recommendations CM/Rec(2008)11”] which provide that, as soon as possible after
admission, the juvenile shall be medically examined, a medical record shall be opened and
treatment of any illness or injury shall be initiated (Rule 62.5). The employees of the OCHR
Letter of 31 August 2015.
This systemic problem is also present in juvenile detention centres and juvenile shelters.
KMP.573.42.2014.DK, https://www.rpo.gov.pl/sites/default/files/WYST%C4%84PIENIE%20GENERALNE%20%20DO%20
RZECZNIKA%20PRAW%20DZIECKA%20Z%2010.12.2015.pdf
50
Dz.U. of 1991, No 120, item 526.
51
YCCs in: Podciernie, Czaplinek, Radzionków.
47
48
49
28
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