impartial authority, and to a prompt decision on any such action.
Article 40(1) States Parties recognize the right of every child alleged as, accused of, or
recognized as having infringed the penal law to be treated in a manner consistent with the
promotion of the child's sense of dignity and worth, which reinforces the child's respect for
the human rights and fundamental freedoms of others and which takes into account the
child's age and the desirability of promoting the child's reintegration and the child's
assuming a constructive role in society.
9th General Report on the CPT's activities [CPT/Inf (99) 12]
§ 35 Places where juveniles may be deprived of their liberty almost invariably make
provision for disciplinary sanctions to be applied to inmates who misbehave.
In this connection, the CPT is particularly concerned about the placement of juveniles in
conditions resembling solitary confinement, a measure which can compromise their physical
and/or mental integrity The Committee considers that resort to such a measure must be
regarded as highly exceptional. If juveniles are held separately from others, this should be
for the shortest possible period of time and, in all cases, they should be guaranteed
appropriate human contact, granted access to reading material and offered at least one
hour of outdoor exercise every day.
All disciplinary procedures applied to juveniles should be accompanied by formal
safeguards and be properly recorded. In particular, juveniles should have the right to be
heard on the subject of the offence which they are alleged to have committed, and to appeal
before a higher authority against any sanctions imposed; full details of all such sanctions
should be recorded in a register kept in each establishment where juveniles are deprived of
their liberty.
The persons visiting the establishments were informed about cases of improper
treatment of juveniles. For example, in the Youth Care Centre in Załusków, four
juvenile girls reported they were insulted by the tutors. The Mechanism representatives
recommanded to monitor the reported cases and encouraged to start preventive
measures. Aggresive staff reactions and attitutes on their part were also communicated
by the inmates of the Youth Sociotherapy Centre No 2 in Łódź, however they refused
to give further information on the case. It was recommanded to eliminate such
behaviour. Also, in the Youth Care Centre in Strzelno, the tutors were said to use
physical violence and insults. The verification of these complaints was commissioned
to the head of the establishment. The heads of the above-mentioned establishments
informed the National Preventive Mechanism that the issue of improper treatment of
inmates was discussed directly with the tutors concerned during tutor council meeting.
The visiting people were highly concerned with the situation in the Salesian
Care Centre in Trzciniec. Despite having fulfilled all the recommendations,
made by the National Preventive Mechanism, after their visit on 3-4 March 2009, the
juveniles are still maltreated. During the inspection of bedrooms in the establishment
in Trzciniec, the inmates informed the NPM representatives they were treated
improperly by a staff member. During individual interview, they complained about a
tutor, who insulted and abused them physically. The mechanism representatives
organised meetings with juveniles from 3 groups living in the establishemnt in order to
determine the group of people who suffered as a result of the staff member behaviour.
During the meeting, the majority of boys confirmed that the accusations were true,
whereas only four of them made an offical complaint. The others refused for fear of
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