Places visited by the National Preventive Mechanism in 2011
the child’s best interest not to do so and shall have the right to maintain contact with his or
her family through correspondence and visits, save in exceptional circumstances. According
to the National Preventive Mechanism, the sanction in the form of a ban on visits by
family must be eliminated immediately.
The National Preventive Mechanism recommended:
• Eliminating the practice of using sanctions and rewards incompliant with the Ordinance of the Minister of the Interior and Administration of 21 January 2002
on detailed rules governing the stay of juveniles in Police emergency centres for
children147;
• Adding a provision on rewards and sanctions to the Regulations of the Centre.
h) Right of access to information
The representatives of the National Preventive Mechanisms who talked to one of the
juveniles in the ECC in Radom learned that he was not acquainted with the regulations
and the schedule of the Centre. He did not understand his legal situation as well, due to
the lack of contact with his legal guardian. The Director of the Centre explained that this
situation resulted from the lack of interest on the part of the families and legal guardians
of detained juveniles in visiting them, despite being encouraged by the Police to do so.
The Police do not contact other institutions although the NPM believes that they should
notify the relevant family court. Furthermore, pursuant to Article 40(4) of the Act on
juvenile delinquency proceedings, the Police shall immediately notify parents or guardians
of a juvenile about detention. The notification provided to parents or guardians of a juvenile
should include information about the reasons for detention, the right to file a complaint and
other rights.
During the visits, the representatives of the National Preventive Mechanism checked if
juveniles had access to the addresses of institutions protecting their rights. Such information was unavailable in some Centres (ECC in Bydgoszcz, Gorzów Wielkopolski, Poznań,
Lublin, Radom; in the ECC in Tarnów only the address of the court was available). In the
opinion of the National Preventive Mechanism, all juveniles deprived of liberty should
have permanent access to the addresses of institutions to which they may apply when
their rights are violated. The addresses of such institutions should be placed in a publicly available place, easily accessible to juveniles, so that the access would depend neither on decisions of the personnel nor on any other factors. The Commanders of Police
units in Bydgoszcz, Tarnów, Gorzów Wielkopolski and Lublin informed that the recommendation of the NPM had been complied with.
Ibidem.
147
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