enforcement proceeding, Police executes orders of a family court”.) In the assessment
of National Preventive Mechanism, the grounds to place a juvenile in a Police
emergency centre for children are not reflected in the principles of law.
On the other hand, there is a question of legitimacy of placement in a centre of
a juvenile whose behaviour does not constitute grounds stipulated in Article 40 § 1 of
the Act on j.d.p. In one of the inspected facilities (Police Emergency Centre for
Children in Legnica), the visiting persons were concerned with the case of a juvenile
placed in a centre for the time of court proceedings. A detailed case analysis
demonstrated that it was not his first stay in the centre. Each time, the placement was
based on a decision of the Regional Court. As result, in 2010 the juvenile was placed
in the Police Emergency Centre for Children, for the above-mentioned reasons, 6
times, and his stay lasted 7 days on average.
The President of Regional Court in Legnica answered that it was a unique case
resulting from the criminal court decision, made in relation to criminal proceedings
carried out against the juvenile. The case of the juvenile was extraordinary as he was
accused of attempted murder. During his stay in the Juvenile Detention Centre in X he
attempted to murder one of his tutor. In result, he got an invalid sentence of 10-yearimprisonment. During the trial, from the adjudication date, the juvenile was placed in
the Juvenile Shelter in Y (situated about 500km from Legnica.) For that reason, the
Regional Court in Legnica was forced to place the juvenile in the Police Emergency
Centre for Children in Legnica for a few days, as it was impossible to bring the
juvenile each time directly from Juvenile Shelter Y. The court decided to place the
juvenile in the Police Emergency Centre for Children in Legnica with view to efficient
criminal proceedings and to make it possible for the juvenile to participate in the main
trial. Undisturbed course of the criminal proceedings serves the interest of the harmed
tutor, who became disabled and permanently incapable of work.
With view to all the above examples and on the basis on international standards,
the National Preventive Mechanism stresses each time that police emergency centres
for children are not suitable for longer stays of juvenile for many reasons e.g. as they
are not subject to compulsory education during they stay. In relation to that, all
possible activities should be taken to place a juvenile in this kind of facilities for
the shortest possible period of time.
b) Third person notification about detention
The Beijing Rules
Rule 10.1 Upon the apprehension of a juvenile, her or his parents or guardian shall be
immediately notified of such apprehension, and, where such immediate notification is not
possible, the parents or guardian shall be notified within the shortest possible time
thereafter.
UN General Assembly Resolution 43/173 of 9 December 1988.
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment.
Principle 16.1 Promptly after arrest and after each transfer from one place of detention or
imprisonment to another, a detained or imprisoned person shall be entitled to notify or to
require the competent authority to notify members of his family or other appropriate
persons of his choice of his arrest, detention or imprisonment or of the transfer and of the
place where he is kept in custody.
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