In relation to arising doubts concerning the entitlements of the National
Preventive Mechanism to visit this type of Centres, at the beginning, it should be
mentioned that according to the OPCAT definition, juveniles deprived of their liberty
are not only juveniles staying at juvenile detention centre, youth shelters and the Police
emergency centres for children, but also minors placed in youth care centres and youth
sociotherapy centres. Although YCC and YSC are in fact not closed establishments,
juveniles are placed there by a decision of a court which, on the grounds of the
Article 6 of the Act of 26 October 1982 on juvenile delinquency proceedings
(hereinafter referred to as: j.d.p.), decided on use of a disciplinary measure of
isolation. Therefore, the minors residing in those centres are inlcuded in the
definition of persons deprived of their liberty, and the centres themselves are
classified as places of detention, specified in Article. 4 of the OPCAT.
a) Living conditions
Recommendation of the Committee of Ministers CM/Rec(2008)11 on the European
Rules for juvenile offenders subject to sanctions or measures.
Principle 63.1 The accommodation provided for juveniles, and in particular all sleeping
accommodation, shall respect human dignity and, as far as possible, privacy, and meet the
requirements of health and hygiene, due regard being paid to climatic conditions and
especially to floor space, cubic content of air, lighting, heating and ventilation. Specific
minimum requirements in respect of these matters shall be set in national law.
Principle 65.2 Juveniles shall have ready access to sanitary facilities that are hygienic and
respect privacy.
Principle 68.1 Juveniles shall be provided with a nutritious diet that takes into account their
age, health, physical condition, religion, culture and the activities that they undertake in the
institution.
9th General Report on the CPT's activities [CPT/Inf (99) 12]
§ 29 A well-designed juvenile detention centre will provide positive and personalised
conditions of detention for young persons deprived of their liberty. In addition to being of
an adequate size, well lit and ventilated, juveniles' sleeping and living areas should be
properly furnished, well-decorated and offer appropriate visual stimuli. Unless there are
compelling security reasons to the contrary, juveniles should be allowed to keep a
reasonable quantity of personal items.
§ 30 The CPT would add that, in certain establishments, it has observed a tendency to overlook the
personal hygiene needs of female detainees, including juvenile girls. For this population in custody,
ready access to sanitary and washing facilities as well as provision of hygiene items, such as
sanitary towels, is of particular importance. The failure to provide such basic necessities can
amount, in itself, to degrading treatment.
During their inspection, the National Preventive Mechanism representatives
focused on different living conditions in the establishments. In several of them,
juveniles were provided with good living conditions, living areas were mostly
renovated, they were clean and tidy, in bedrooms as well as in the corridor (e.g. YCC
No 1 in Łódź, YSC No 2 in Łódź, YCC in Podzamcze.) The other needed a general or
partial renovation of sanitary facilities (YCC No 3 in Łódź, YCC in Jawor, YSC in
Różanystok, YSC in Jaworze,) a kitchen, a gym (YCC No 2 in Łódź) and inmates
bedrooms (YCC in Załuskowo.) In the Youth Care Centre in Szczecin the visiting
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