CAT/OP/POL/ROSP/1
and artwork, which allowed them to gain some remuneration. The delegation also noted that
incidents were correctly recorded, even minor ones.
124. The Subcommittee recommends that the State party ensure that educational
classes offered at juvenile correctional facilities are subject to the same quality control
as classes in the regular education system.
125. The Subcommittee is nevertheless concerned that both facilities had solitary
confinement rooms, which are still in use, although not frequently or extensively, and not
recorded in a register. At the facility in Sadowice, in particular, the delegation noted a
disconnect between the statements made by the management and by young people themselves
with regard to the length of application of solitary confinement.
126. With reference to rule 45 of the Nelson Mandela Rules and rule 67 of the United
Nations Rules for the Protection of Juveniles Deprived of their Liberty, the
Subcommittee recommends that the State party ensure that children under the age of
18 years are never subject to solitary confinement, as this constitutes a form of illtreatment.
127. The Subcommittee is further concerned that councillors regularly supervise the phone
calls made by young people at these facilities.
128. The Subcommittee recommends that the State party ensure that children and
juveniles placed in the juvenile correctional facilities enjoy a right to privacy in
maintaining contact with the outside world.
3.
Juvenile psychiatric facilities
129. The delegation visited two psychiatric institutions housing juveniles operated by the
Ministry of Health, one in Warsaw and in Garwolin. The latter is a forensic psychiatric
facility for wards coming from other juvenile facilities, owing to being considered as
aggressive or posing a danger. Both facilities are well equipped, with a dedicated and
professional staff. The material conditions are adequate.
130. The delegation noted that both facilities had available mechanical (belts and strait
jackets) and chemical restraints; however, at the facility in Garwolin, the delegation observed
that such measures were frequently used, which was well recorded. On the other hand, the
facility in Warsaw did not have a register for restraints. At the latter facility, while
acknowledging that a patient who does not consent to treatment may be observed without
therapy for up to 10 days, the delegation nevertheless notes that there is no system for
recording that a patient consents to the treatment administered.
131. The Subcommittee recommends that the State party review the use of
mechanical and chemical restraints at the National Centre for Juvenile Forensic
Psychiatry in Garwolin. The Subcommittee further recommends that all psychiatric
institutions across Poland maintain registers for recording the application of restraint
measures, and for obligatory signature of consent, not only for hospitalization, but also
for treatment purposes.
132. The delegation notes as positive that children at the facility in Warsaw have access to
the garden and can go home on weekends, if stable. At the facility in Garwolin, however,
juveniles have the possibility to walk outside just for one hour, and only when the weather
permits, because the facility does not have a covered yard. The Subcommittee is concerned
that at the facility in Garwolin, the food provided is of low nutritional quality, with
insufficient fruits and vegetables, and no dietary alternatives. The Subcommittee is also
concerned that juveniles do not learn necessary skills to live independently after they leave
the institution at the age of 18.
133. The Subcommittee recommends that the State party provide resources to the
National Centre for Juvenile Forensic Psychiatry in Garwolin, enabling it to ensure that
juveniles can go outdoors even in bad weather, to offer food of adequate nutritional
quality and to establish a system for follow-up with juveniles leaving the institution.
4.
Lack of support systems
134. The Subcommittee notes difficulties in ensuring systematic follow-up to interventions
initiated in the facilities, especially in the juvenile correctional facilities. Although a post-
18
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