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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