In the reply of 18 June 2010, the Minister of Justice informed the Defender that
most remarks had been taken into account in a reformulated draft Ordinance of 15
June 2010.Additional elements were introduced to a memo documenting the use of
coercive measures, such as the information on the warning about the use a coercive
measure, and the obligation to fire a warning shot, if service firearms are used, was
reinstated. However, the Minister of Justice also presented detailed explanations
concerning issues where he had dismissed doubts raised in the opinion, including those
concerning the obligation to put on handcuffs on hands held at the back, as well as to
record the course of applying coercive measures. Referring to the latter issue, the
Minister of Justice stated that the rules of recording the picture and sound had been
specified in regulations in force8. In accordance with these regulations, the entire area
of a penitentiary unit can be monitored by an internal recording system, whereas cells
with particularly dangerous inmates are subject to obligatory monitoring. Thus, in the
opinion of the Minister of Justice, the legislator had prejudged in the Executive Penal
Code that all activities undertaken towards aggressive prisoners and those posing a
threat to safety and order of the penitentiary establishments or safety of other prisoners
need to be recorded.
The Defender also presented an opinion concerning the draft Ordinance of the
Council of Ministers on detailed conditions and method of using coercive measures
with respect to juveniles in juvenile detention centres, juvenile shelters, youth care
centres and youth sociotherapy centres. In the petition of 1 September 20109, the
Defender indicated the need to clarify certain provisions of the Ordinance, at the same
time expressing hope that the implementation of suggested solutions would
significantly reinforce the guarantee of the lawful use of these measures.
As regards issues concerning juveniles, it is also worth mentioning Defender’s
remarks and proposals regarding the draft assumptions for the draft Act amending the
Act on juvenile delinquency proceedings of 26 March 2010 and the draft Act amending
the Act on juvenile delinquency proceedings prepared in line with these assumptions.
In the letter of 11 June 201010, the Defender proposed, among others, to reduce a
seven-week period for juveniles to stay in a Police emergency centre for children
during the performance of activities ordered by the court, to guarantee appropriate
methods of verifying the results of medical tests not requiring a laboratory test in order
to establish the presence of alcohol or another intoxicant (as a result of granting the
right to a probation officer to force a juvenile to subject themselves to such tests).
8
Executive Penal Code (Dz.U. of 1997 No 90, item 557, as amended) and Ordinance of the Minister of Justice
of 16 October 2009 on technical devices and measures used to transmit, play back and record images or sounds
from monitoring systems of penal institutions (Dz.U. No 175, item 1360).
9
RPO-629059-VII/10
10
R-071-13/10
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents