continuous inspections in police emergency centres for children (hereinafter referred to
as ECC or Centre.) In total, there are 27 such centres in Poland. In 2010, the National
Preventive Mechanism visited 4 of them49.
Figure 5.
National Preventive Mechanism inspections in emergency centres for children in 2008-2009.
2010 r. ; 4
2008 r.; 4
2009 r. ; 5
Main criteria for the National Preventive Mechanism during preventive visits in
emergency centres for children stem from the standards specified in acts of
international law50 and internal national law51. As detention of a juvenile should be
used only as a measure of last resort and for the shortest possible period of time, the
first and basic issue analysed by NPM during the visit is legality and juvenile detention
time in ECC. Moreover, in 2010 the visiting persons were also interested in the way
how the following rights are respected: right to inform a third person about detention,
right to see a doctor, protection from physical and mental abuse, as well as provision
of: appropriate living conditions, appropriate personnel, cultural and educational
activities, correct discipline and possibility to inform the juvenile on their rights and
duties, including the right to lodge a complaint on the legality of stay.
a) Legality and duration of stay
International Covenant on Civil and Political Rights
Article 9.1. Everyone has the right to liberty and security of person. No one shall be
subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on
49
Police emergency centres for children in Bielsko – Biała, Gdańsk, Legnica, Rzeszów.
International Covenant on Civil and Political Rights; United Nations Standard Minimum Rules for the
Administration of Juvenile Justice. Resolution of General Assembly 40/33 (The Beijing Rules); Body of
Principles for the Protection of All Persons under Any Form of Detention or Imprisonment. Resolution of the
UN General Assembly 43/173 of 9 December 1988; Convention on the Rights of the Child; The
Recommandation
CM/Rec(2008)11
of
the
Committee
of
Ministers
to
member
states
on the European Rules for juvenile offenders subject to sanctions or measures; The recommendations of the
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT),
stipulated in the report on the visit in Poland in 2004 for the Polish government (Council of Europe, Strasburg,
11.04.2005); CPT (2005)3; Standards of the European Committee for the Prevention of Torture
[CPT/Inf/E(2002)1-Rev. 2003].
51
The Act on juvenile delinquency proceedings of 26 October 1982 (Dz.U. of 2002, No 11, item . 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. Decision No 346 of KGP of 9
August 2004 on Police officers service in police children emergency centresDz. Urz. of KGP 04. 16. 101).
50
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents