Report of the CHR on the Activities of the National Preventive Mechanism in Poland
to the exercise of this right should be accurate and should provide for situations and entities
entitled to impose them. This regulation should be included in the AJDP.
In accordance with information provided by the PECC personnel, juveniles exercise the
right to receive visits from their parents, guardians or an attorney. Visits are held in a room
designated for this purpose in the presence of a Police officer92 or in a waiting room which
is open space next to a PECC duty room under the supervision of a PECC officer on duty93.
Each time, the representatives of the NPM stress that stay in a PECC may be a difficult
experience for a juvenile, thus the awareness of having and maintaining close contact with
loved ones is extremely needed and may have a positive impact on his/her further functioning. Therefore, the employees of the OCHR take the view that efforts should be taken to
ensure that the contact takes place so as to guarantee privacy and free exchange of views as
well as that it can be made by telephone. It should be noted that the CPT, in its report to the
Polish Government on the visit to Poland in 2004, recommended that the Polish authorities
take the following steps in Police emergency centres for children: improve the possibilities for
children to maintain contact with their families; in particular, save in exceptional and duly
motivated circumstances, they should be allowed to receive regular visits from their families.
Further, they should be allowed to make and receive telephone calls (paragraph 44)94.
Minors placed in PECCs are not allowed to make telephone calls95. If such a need is
reported, Police officers contact an indicated person. In one of the PECCs visited96, the
representatives of the NPM determined that telephone calls of juveniles are made in a duty
room in the presence of a PECC employee. In the opinion of the employees of the NPM, the
AJDP must specify situations in which telephone calls should be made without any limitations related to the presence of third persons and when such limitation is recommended.
4) Right to health protection
The representatives of the NPM take the view that each newcomer should undergo
medical examination. In its report to the Polish Government on the visit to Poland in
2004, the CPT expressed a similar view. The applicable provisions of the Ordinance of the
Minister of the Interior of 13 September 2012 on medical examination of persons detained
by the Police97 concerning the total number of detainees apply to juveniles as well. In particular, juveniles are explicitly referred to in § 1(3) (2) (e) of the Ordinance under which it is
necessary to perform medical examinations of a juvenile after the consumption of alcohol
or another similarly acting substance.
95
96
97
92
93
94
44
PECCs in: Kielce, Olsztyn.
PECC in Opole.
(Council of Europe, Strasbourg, 11 April 2005); CPT (2005)3.
PECCs in: Kielce, Olsztyn.
PECC in Opole.
Dz.U. item 1102.
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