being victmised. A part of the inmates, who spoke during the meetings, confirmed the accusations but did not regarded this kind of behaviour as improper. They admitted they witnessed physical violence as well as public insulting, but they did not realise this behavoiour is inadmissible. The accusations formulated by four inmates in their official complaints concerned oral insultations towards juveniles and their families, made by the staff member in public, e.g. during meetings in dining room or room searches. Three boys reported they were hit by the staff member. The complaints constituted a notification of alleged crime and were passed to the Regional Prosecutor’s Office in Drawsko-Pomorskie. On 24 May 2010, the Prosecutor’s Office refused to initiate an investigation on the matter. The reason for refusal was that the inmates withdrew their complaints during conducting evidence activities. The Prosectutor’s Office remarked that the tutor behaviour may constitute only a typified crime, determined in Article 216 § 1 of the Penal Code and art. 217 § 1 of Penal Code - insulting and violation of bolidy integrity, which constitute a prosecution on private accusation. With regard to the above findings, in the opinion of the Prosecutor’s Office there were no reasons to prosecute this offence ex officio. Thus, they refused to prosecute the offence. The head of the establishment, in his reply to the National Preventive Mechanism remarks, infomed that after the Human Rights Defender Office representatives visit in 2009, he talked to the concerned staff member twice. He stressed that the opinion from the after-visit report: „cases of improper treatment have not been eliminated yet," should be verified by relevant judicial desicions. According to the suggestions of the Zachodniopomorskiee Chief Education Officer, the testing authority in consultation with the establishment head decided to suspend the concerned staff member untill the issue is resolved. Then, the staff member was dismissed by the Youth Care Centre head. In response to the Mechanism representatives recommandations, the following actions were taken in order to improve the resocialising effects: The tutors board of the establishment and the school met 3 times so as to analyse the pedagogical situation, they made a series of meetings for inmates to explain their rights in the context of duties and respect for the rights of others. The establishment head submitted a notification to the Regional Prosecutor’s Office in Drawsko-Pomorskie against three inmates, who insulted tutors and violated human dignity of the tutors and other inamtes. The Prosecutor’ Office refused to initiate a prosecution. On various occasions, during the visit, examples of non-statutory penalties were stated, e.g. to spend a night in the keeling position by a wall, to spend a night in a standing position on a corridor, for not respecting lights-out, to clean a toilet ceiling, push-ups for curling, slaps in the face, no walks, wearing pink tights (destined for runaways) and collective responsibility (e.g. to close a living room, no permit to leave the establishment, no computers, pocket money reduction, deep knee bends for all group, a financial penalty of PLN 5 for all inmates for losing a key to the establishment head room .) Some inmates complained about the practice of collective responcibility even if the guilty person is known59. In the opinion of the National Preventive Mechanism representatives, a slap in the face is humiliating and                                      ��                       59 The irregularities concerned YCC No1 in Łódź, YCC in Jaworze, YCC No 2 in Łódź, YSC in Różanystok, YCC in Strzelno, YCC in Jawor, YCC in Bielice, YCC in Podzamcze, YCC in Szczecin.

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