use of violence in the form of pushing, pulling and beating by the personnel (JDC in
Pszczyna, JDC in Laskowiec and JDC in Studzieniec)67.
The visiting persons also recommended to eliminate interference in the intimacy
of the juveniles by installing a monitoring system covering with its range the sanitary
facility (JDC in Mrozy). In addition, through the Campaign Against Homophobia, the
NMP representatives received the information on punishing, by isolation, the juveniles
demonstrating behaviors being evidence of homosexual orientation. It was
recommended to eliminate such practices. In the NMP representatives' opinion,
treating the juveniles in this way is unacceptable. Punishing the juveniles for various
kinds of practices likely to prove their sexual orientation (e.g. writing love letters to
the people of the same sex) is unjustified. These behaviours should not be treated as
disciplinary offence.
In most of the discussed centres, the juveniles felt safe and had a good opinion
on the educational and psychological staff. However, some juveniles indicated the
existence of the so-called second life (JDC in Laskowiec) and experiencing violence
from the part of other juveniles (JDC in Mrozy, JDC in Studzieniec, JDC in Pszczyna),
as well as access to alcohol or drugs in the establishment (JDC in Studzieniec, JDC in
Falenica).
Degrading treatment or punishment may also be putting on the board the
information on punishing a given person (JDC in Studzieniec)68 or placing a juvenile
in the isolation room in a shirt worn in the establishment, without underwear (JDC in
Falenica)69.
The visiting persons observed that the frequently occurring violation is the use
of placing the juveniles in the transition rooms as a disciplinary measure (JDC in
Falenica, JDC in Studzieniec, JDC in Laskowiec).
The director of JDC in Pszczyna informed the NMP about conducting a series
of trainings for the staff, to help prevent future unacceptable forms of treatment of the
juveniles by the personnel and ordered to increase an emphasis, in the educational
work, on socio-therapeutic activities reducing the violent behaviours of the juveniles
towards their colleagues. A series of actions to eliminate those violations were also
taken by the directors of the establishments in Mrozy and Laskowiec.
The director of JDC in Studzieniec explained that as for placing on the board
the information on punishing a given person he disagreed with the NMP's opinion. In
opinion of the director of JDC Studzieniec, such a practice is preventive and for many
boys it might be a form of warning, he explained that the transparency of the
punishment and reward process was the element of the educational process. The
director also informed that there had been no cases of using the transition rooms as a
disciplinary measure and that information could be related to an unclear entry in the
transition room register.
The director of JDC in Falenica informed the NMP representatives that in the
establishment he managed, the sexual identity of the juveniles was respected and
accepted. Nobody used discriminatory practices with regard to their sexual orientation.
c) Use of direct coercive measures
67
The juveniles did not want to lodge a complain or give specific information on the reported cases of violence.
§ 32 item 12 of the Rules for Juveniles in the Juvenile Detention Centre in Studzieniec
69
§ 38 para.5 of the Rules of the Juvenile Detention Centre and Juvenile Shelter in Warsaw-Falenica
68
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