Principle 16.3 If a detained or imprisoned person is a juvenile or is incapable of
understanding his entitlement, the competent authority shall on its own initiative undertake
the notification referred to in the present principle. Special attention shall be given to
notifying parents or guardians. .
Principle 16.4 Any notification referred to in the present principle shall be made or
permitted to be made without delay. The competent authority may however delay a
notification for a reasonable period where exceptional needs of the investigation so require.
The Constitution of the Republic of Poland
Article 41 § 2 Anyone deprived of liberty, except by sentence of a court, shall have the right
to appeal to a court for immediate decision upon the lawfulness of such deprivation. Any
deprivation of liberty shall be immediately made known to the family of, or a person
indicated by, the person deprived of liberty.
Act on Juvenile delinquency proceedings of 26 October 1982 (Dz.U. of 2002, No 11,
item 109, as amended.)
Art. 40 § 4 The Police notifies parents or legal guardians of a juvenile immediately after
detention.. The notification transferred to parents or legal guardians shall contain
information on the reason of detention, right to appeal and other entitlements.
In the visited facilities, there were no irregularities concerning the realisation of
the right to notify a third person on detention. The information that parents or
guardians were notified, the mode (in person, by telephone) as well as the time of
notification, were specified in juvenile detention protocols.
c) Insforming juvelniles about their rights and obligations
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment. UN General Assembly Resolution 43/173 of 9 December 1988.
Principle 13 Any person shall, at the moment of arrest and at the commencement of
detention or imprisonment, or promptly thereafter, be provided by the authority responsible
for his arrest, detention or imprisonment, respectively, with information on and an
explanation of his rights and how to avail himself of such rights.
The Act on Juvenile delinquency proceedings of 26 October 1982 (Dz.U. of 2002, No
11, item 109 as amended.)
Art. 40 § 2 A detained juvenile shall be immediately notified on the reason of detention, the
right to appeal, mentioned in the art. 38, and other entitlements.
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.)
§ 1(2).The manager of centre or an authorised person, immediately after placement of a
juvenile in a centre, carries out a discussion during which they inform a juvenile on the
rights and duties, the Schedule of activities as well as the centre regulations. A juvenile
confirms it with its signature.
In two of the visited facilities (Police Emergency Centre for Children in Gdańsk
and Rzeszow) National Preventive Mechanism recorded that juveniles do not have an
access to the addresses of institutions they may refer to, if they rights are not
respected, i.e. to: Human Rights Defender, The Ombudsman for Children, the Helsinki
Foundation for Human Rights and a family judge. Moreover, in Police Emergency
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