Places visited by the National Preventive Mechanism in 2011
emergency centres for children, the representatives of the NMP checked whether a juvenile’s stay in an ECC did exceed the period stipulated in the act. Pursuant to Article 37b of
the Convention on the Rights of the Child, adopted by General Assembly on 20 November
1989122,the arrest, detention or imprisonment of a child shall be used only as a measure of
last resort and for the shortest appropriate period of time. The results of the NPM controls
show that in all visited units cases were reported of detaining juveniles for a period of
time longer than permitted by law, with the longest reported detainment amounting to as
many as 108 days (ECC in Tarnów). It was also reported that juveniles were detained for 22
days (Ostrów Wielkopolski), 18 days (Bydgoszcz) or 12 days (Poznań). Such practices are
unacceptable not only because of the fact that isolation exceeds the period stipulated
in the Act on j.d.p., and thus has a negative impact on juveniles’ mental state, but also
because the establishment was not adapted to detain juveniles for a longer period of
time. Such extended detention in an ECC has serious repercussions for a juvenile, making
it impossible for him/her to attend school or limiting his/her contact with family members,
which at that age is very important. In response to the NPM’s Report, the Municipal Police
Chief in Gorzów Wielkopolski announced that measures were being taken in order to
shorten the period of detention as much as possible. He announced that cases when the
length of juveniles’ stays in Centres exceeded the acceptable period resulted from a court’s
order to place juveniles in an ECC until they are transferred to an indicated establishment.
The Director of the ECC in Radom explained that the reason for detaining a juvenile, who
was in the Centre on the day of the visit, for 6 days, was the necessity to transfer relevant
documentation and to specify the establishment where the juvenile would be finally placed.
According to the Director, such situations do occur occasionally, and the convoys to establishments indicated by the court are carried out as soon as possible. Similar explanations
came from directors of other establishments, who expressed their willingness to make efforts to shorten the period of stay of juveniles in ECCs. Concerned by the numerous cases
of prolonged stays of juveniles in ECCs, the Human Rights Defender once again addressed
the Minister of Interior and Administration, the Minister of Justice and the Chief Police
Commander123. In the opinion of the Mechanism, the prolonged stays of detained juveniles result from the lack of legal provision stipulating the maximum period of time for
detaining a juvenile in an ECC after a court has issued a decision to apply this measure.
Until his/her placement in the establishment indicated in the court’s decision, the juvenile
stays in an ECC. Expressing his opinion on this matter, the Minister of Interior and Administration stated that the good of juveniles, as well as ensuring a proper care until they
are transferred to the establishment indicated by the court, is the main concern of police
officers. He confirmed that judges tend to place juveniles in ECCs without setting the time
limit for such stays, making juveniles wait until there is a place for them in the indicated
122
123
Dz.U. of 1991 No 120, item 526, as amended.
RPO-672816-VII-720.8.1/11.
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