delay.
Principle 78 Every juvenile should have the right to request assistance from family
members, legal counsellors, humanitarian groups or others where possible, in order to make
a complaint. Illiterate juveniles should be provided with assistance should they need to use
the services of public or private agencies and organizations which provide legal counsel or
which are competent to receive complaints.
One of the factors affecting the sense of security in persons deprived of liberty
is knowledge of their rights, the principles of the functioning of the establishment as
well as institutions which may be applied to in situations of bad treatment. In the NMP
representatives' opinion, the information should be publicly accessible without a
necessity to ask the staff of the establishment for its provision.
Examination of the above-mentioned issues in the visited juvenile detention
centres and juvenile shelters showed that the juveniles had access to the information
on the institutions supervising the observance of their rights. In the inspected
establishments, the addresses of such institutions were hanging on the boards or in
showcases in the places accessible to the juveniles. The exception was JDC and JS in
Falenica, because the addresses of institutions were hanging in the housemaster's
room, thus, they were not publicly accessible, moreover, the rules of procedure in the
establishment contained an improper provision stating that: at the juvenile's request,
the director provides her with the addresses of institutions established to respect
human rights. In JDC in Mrozy, the visiting persons noticed the lack of the addresses
e.g. to the Ombudsman for Children, however, the management indicated that these
data were available for the juveniles but due to the carried out renovations they forgot
to hang them again.
The information about the rights and duties of the juveniles was also available
in those establishments. As a result of the interviews carried out by the National
Preventive Mechanism representatives with the juveniles, it was found that most of
them knew where the rules of procedure were available, should they wish to see them
again. However, not all interviewees were able to identify the person to whom they
could apply in the event of being wrongly punished (eg. JDC in Mrozy). These are
alarming signals that indicate the need to establish in these types of establishments a
clear and intelligible mode of appeal against the punishment imposed of which the
juveniles will be informed.
In this report, it is worth to indicate that on 13 April 2010, the Ombudsman sent
another letter70 to the Under-secretary of State at the Ministry of Justice on the
preparation by the Ministry of Justice of a handbook for the juveniles placed in
juvenile detention centres and juvenile shelters which would include the information
about the juvenile's legal situation, his/her rights and duties and the institutions, to
which he/she may apply in a situation when his/her rights are being violated. In the
reply of 19 May 2010 on the earlier letter of the Human Rights Defender in this case,
the Under-secretary of State at the Ministry of Justice informed that the Ministry of
Justice planned to develop a standard model for the information about the rights and
duties of the juvenile for all juvenile centres. In addition, the manner of disseminating
this information among the juveniles, which takes into account the need to ensure
70
RPO-603898-VII/10
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