Recommendations CM/Rec(2008)11 of the Committee of Ministers to the Member
States on the European Rules for juvenile offenders subject to sanctions or measures.
Principle 90.1 Staff shall not use force against juveniles except, as a last resort, in selfdefence or in cases of attempted escape, physical resistance to a lawful order, direct risk of
self-harm, harm to others or serious damage to property.
Principle 90.2 The amount of force used shall be the minimum necessary and be applied for
the shortest time necessary.
Principle 93.1 If in very exceptional cases a particular juvenile needs to be separated from
the others for security or safety reasons, this shall be decided by the competent authority on
the basis of clear procedures laid down in national law, specifying the nature of the
separation, its maximum duration and the grounds on which it may be imposed.
United Nations Rules for the Protection of Juveniles Deprived of their Liberty. General
Assembly resolution 45/113
Principle 64 Instruments of restraint and force can only be used in exceptional cases, where
all other control methods have been exhausted and failed, and only as explicitly authorized
and specified by law and regulation. They should not cause humiliation or degradation, and
should be used restrictively and only for the shortest possible period of time. By order of the
director of the administration, such instruments might be resorted to in order to prevent the
juvenile from inflicting self-injury, injuries to others or serious destruction of property. In
such instances, the director should at once consult medical and other relevant personnel and
report to the higher administrative authority.
Act on Juvenile Delinquency Proceedings
Art. 95a § 4. Towards a juvenile, the following direct coercive measures may be used:
1)physical force;
2)placing in an isolation room;
3)putting on restraint strap or straitjacket.
§ 5 Direct coercive measures, referred to in § 4 points 2 and 3 are used only with respect to
juveniles placed in a juvenile detention centre or a juvenile shelter, only in case referred to
in § 1 point 1 (a juvenile making an attempt on life or health, own or other person's).
Art. 95b § 3. A juvenile, with respect to whom a direct coercive measure was used, shall be
promptly subject to a medical examination.
The irregularities in the field of application of direct coercive measures were
found, inter alia, in:
- JDC and JS in Falenica – placing a juvenile in the isolation room due to
destruction of property;
- JDC in Laskowiec - failure to keep the required procedures involving
submission to a medical examination of a juvenile with respect to whom straitjacket
was used;
- JDC in Białystok - the use of a protective helmet whose application with
respect to the juveniles is prohibited.
The directors of JDC in Falenica and Laskowiec took a positive attitude
towards the recommendations on the above-mentioned irregularities.
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