Places visited by the National Preventive Mechanism in 2011
The movement of juveniles on the premises of the JS in Dominów was restricted following an extraordinary event, i.e. an escape of a juvenile during outdoor activities in May
2011. Several boys interviewed by the employees of the National Preventive Mechanism
complained that they did not go for walks due to restrictions imposed by the director of
the Shelter. Juveniles in Juvenile Shelter and Juvenile Detention Centre in Konstantynów
Łódzki also complained that they could only spend time outdoors, on a terrace, during a
15-minute school break. In the opinion of the National Preventive Mechanism, daily
outdoor activities have a positive impact on psychophysical development of socially
maladjusted youth residing in closed establishments, i.e. in establishment where their
freedom is restricted.
The National Preventive Mechanism reminds that according to Rule 81 of the Recommendation of the Committee of Ministers to member states on the European Rules for juvenile offenders subject to sanctions or measures all juveniles deprived of their liberty shall
be allowed to exercise regularly for at least two hours every day, of which at least one hour
shall be in the open air, if the weather permits207.
In reply, the director of Juvenile Shelter in Dominów informed that, in order to guarantee daily outdoor activities for every juvenile (taking into account weather conditions),
additional individual walks were introduced to the schedule as well as additional walks of
one group outside the schedule with an obligatory supervision of a guard.
The Human Rights Defender addressed the Minister of Justice for the first time on 12
May 2009 on the lack of legal regulations which would guarantee the access of juveniles
to outdoor activities every day.208 In replies to ubsequents motions of the Human Rights
Defender, the Minister of Justice informed about work on developing uniform procedures
for all juvenile detention centres and juvenile shelters which would include the rules governing outdoor activities of juveniles. However, despite the existence of such internal procedures, restrictions in the access of juveniles to such activities still exist in practice. Therefore, in the opinion of the National Preventive Mechanism, systemic measures must
be undertaken to amend legislation regulating this area (Act on juvenile delinquency
proceedings or implementing regulations to the Act) to guarantee the juveniles the
right to daily access to outdoor activities.
The National Preventive Mechanism recommended:
• Providing a possibility for juveniles to participate in outdoor activities for at least
one hour every day.
207
208
CM/Rec(2008)11.
RPO-597667-VII/10.
115
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