Report of the Commissioner for Human Rights on the activities of the National Mechanism for the Prevention of Torture in Poland in 2017
re. He was not summoned for questioning in compliance with the applicable legal provisions
but brought to the police station accompanied by police officers. In his intervention the CHR
also pointed out that the juvenile had no chance to refuse to go to the police station with the
officers. Police officers’ conduct in that regard was considered inadequate and disturbing as
well as - in case of the lack of proper educational activities - posing the risk for further, unjustified deprivation of liberty of witnesses.
What was very important in terms of the protection of the right of minors was the intervention
of the Commissioner for Human Rights to the Minister of Justice95 in relation to irregularities
determined during a visit to the Juvenile Detention Centre in Sadowice96. During the visit
the team viewed the footage from the video surveillance which documented the use of direct
coercion measures against centre’s residents. The analysis indicated a number of irregularities
concerning the legality of their application, adequacy of use and documentation. Based on
instances described in the intervention, the Commissioner pointed out the following issues:
inhuman and degrading treatment of juveniles while using direct coercion measures–
in relation to a boy who was stripped naked and led through a corridor with his hands
cuffed at the back and restraining belt on. The juvenile was placed in a room without a
bed, which offered no possibility for rest. Dressed only in pyjama bottoms he was forced
to sit with his legs cuffed. He was also wearing a safety helmet and a restraining belt.
application, against the residents of the youth detention centre, of direct coercion
measures, to which the personnel of such establishments is not entitled – using a safety
helmet and legcuffs on juveniles.
no video surveillance footage or its inadequate recording – in two instances of direct
coercion application, the video surveillance material, which would allow for assessing the
legitimacy of the measure’s use, has not been saved. In the remaining cases, in turn, that
footage is not complete and does not provide a full picture of the use of direct coercion
measures.
failure to meet the requirements concerning proper equipment in isolation rooms
– none of the rooms, in which direct coercion measures in the form of placement in an
isolation room were applied, met the requirements on proper equipment.
incomplete notes documenting the use of direct coercion measures – in one case the
note is incomplete; it does not contain information about the date and time of the end of
direct coercion. What is also missing is the signature of the juvenile confirming that he/she
has been instructed about the possibility to lodge a complaint concerning direct coercion
that was used against him/her.
95 Ref. no. KMP. 573.21.2017
96 The objective of the visits was to assess the access of minors to health services in the field of psychiatry and addiction treatment
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