CAT/OP/POL/ROSP/1 115. The Subcommittee recommends that the State party take measures to ensure in practice that pretrial detainees, including foreigners, can receive visits from and make phone calls to family members and others. Restrictions on contacts may be imposed only in exceptional circumstances. 116. The Subcommittee was concerned that the prison authorities reserve the right to be present at all meetings between the detainee and his or her defence counsel, and to monitor their telephone communications and correspondence. The Subcommittee is further concerned that the access to defence counsel is itself subject to permission from the prosecutor. In the case of foreigners, the Subcommittee was concerned that the language barrier and lack of documents in languages other than Polish made the access to legal aid unsatisfying. 117. The Subcommittee recommends that the State party take the necessary measures to ensure the confidentiality of lawyer-client communications in person, as well as via telephone and written correspondence. The Subcommittee further recommends that the State party remove all barriers to pretrial detainees’ access to and communication with a defence counsel of their choice. In the case of foreigners, the Subcommittee recommends that the State party take steps to ensure that they are provided with appropriate translation services and access to legal aid. C. Juveniles 118. There is a complex system of juvenile facilities in Poland depending on the administrative links to the Ministry of Interior, Ministry of Education, Ministry of Justice or Ministry of Health. With the exception of juvenile facilities under the Ministry of Education, which had released their wards on summer break, the delegation visited two facilities of each type. 1. Police-operated detention facilities for minors 119. Police-operated detention facilities for minors, under the Ministry of Interior, serve as temporary detention centres for different categories of minors: child offenders under the age of 18 years, during the initial 24 to 48 hours of arrest; children awaiting placement in a shelter upon a decision of the court; and children awaiting return to a shelter or a youth education centre from which they have absconded. The delegation visited two such facilities: one in Warsaw and one in Krakow. The juvenile facility in Warsaw did not have any juvenile detainees at the time of the visit. 120. The delegation found the material conditions in both visited police-operated detention facilities for minors to be adequate, with rooms and other premises in a satisfactory state of repair and cleanliness. The regime of activities on offer was acceptable and included a variety of education classes. 121. Upon visiting the police-operated detention facility for minors in Krakow, the delegation found three minors in situ, whom it sought to interview. Although the children declined to be interviewed, the delegation understood that they had the possibility to spend time outdoors, upon request and weather permitting. 2. Juvenile correctional facilities 122. The delegation understood that children and young people up to the age of 21 years who have committed different types of crimes are placed in juvenile correctional facilities, operated by the Ministry of Justice, upon decision of the family courts. If they demonstrate good behaviour, children placed in these facilities may leave on holiday to visit their families. They also have the possibility of an early release under supervision. 123. The delegation visited two facilities of this type: one in Trzemeszno and in Sadowice, the latter being a specialized facility for children and young people with light to mild mental disabilities. In both, the material conditions were more than satisfactory, with child-friendly environments and access to outdoor sports facilities. A variety of activities were on offer, both educational and recreational activities, although at the Sadowice facility the children and young people who were interviewed claimed that they did not do much in class. Young people in both facilities had the opportunity to do some light work such as cleaning, painting 17

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