Centre for Children in Legnica, in the chapter Juvenile Rights and Duties entitled “A
juvenile has the right to (...)" there is no mention of the entitlement to see his defender.
National Preventive Mechanism recommends to provide a constant
availability of information on institutions they may refer to if their rights are not
respected for each juvenile deprived of liberty. The access to the information of
the institutions addresses should be unlimited regardless of the decision of police
officers or other factors.
In one of the visited establishments NPM demanded a written confirmation of a
juvenile under a list of their rights and duties (ECC in Bielsko-Biała.) The facility staff
reported that juveniles are acquainted with their rights and duties but they do not
confirm it in writing.
Police Commanders, responsible for the above-mentioned establishments
informed NPM that the recommendations have been acknowledged.
Each facility created a document for juveniles, so-called: “Rights and duties of
a juvenile detained in Police Emergency Centre for Children,” which each juvenile has
to know.
d) Medical care
The Beijing Rules
Principle 13.5 While in custody, juveniles shall receive care, protection and all necessary
individual assistance - social, educational, vocational, psychological, medical and physical,
that they may require in view of their age, sex and personalisty (13.5).
Recommendations of the European Committee for the Prevention or Torture and
Inhuman or Degrading Treatment or Punishment (CPT), stipulated in the report on
the visit in Poland in 2004, for the Polish government (Council of Europe, Strasburg,
11.04.2005); CPT (2005)3.
§ 44 The CPT recommends that the Polish authorities take the following steps at the police
establishments for children ensure that all new arrivals are medically screened without delay
and that the establishments receive regular visits by a doctor or a nurse.
Ordinance of the Minister of the Interior and Administration of 21 January 2002 on
detailed rules governing the stay of juveniles in the Police emergency centres for
children. (Dz.U., No 10 item 104 as amended.)
§ 5(2) (6) A juvenile during their stay in the police establishment for children should be
provided with an access to: medical care, provided in the scope stipulated in national
health insurance principles.
Decision No 346 of the Chief Police Commander of 9 August 2004 on Police officers
service in police children emergency centres (Dz.U. KGP 04. 16. 101)
�� 5 A juvenile whose state of health raises any doubt should be examined by a doctor.
§ 14 The results of examination of juveniles placed in a centre should be registered in a
register of medical consultations.
§ 16 Police officers are obliged to immediately inform their superior on attempted suicide,
self-mutilation and an escape as well as an important life or health risk of an apprehended
person and call a doctor, if needed.
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