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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