Report of the HRD on the activities of the National Preventive Mechanism in Poland in 2011
and regulations of relevant establishments’ (YSC No 3 in Łódź, YCC in Kolonia Szczerbacka, and the Saint Faustina YCC ).
Directors of the visited establishments agreed with the recommendations made by the
NPM’s employees and introduced the necessary amendments.
The National Preventive Mechanism recommended:
• Regular meetings on the rights of the juveniles and the ways of executing these
rights are organised;
• Workshops providing information on activities of institutions protecting human
rights are organised;
• Regulations/Statutes of the establishment are displayed on boards in entertainment rooms;
• A provision should be added to the Statute of establishments informing about the
procedure for lodging complaints about violation of rights of juveniles staying
there;
• contact details to institutions where juveniles can turn for help when their rights
are being infringed upon should be placed in place accessible to them, namely
contact details of: are the Human Rights Defender, the Ombudsman for Children,
the Helsinki Foundation for Human Rights, and family judges.
e) Right to contact with the outside world
The Mechanism discovered that the most frequent infringement of the juveniles’ right
to contact with the outside world consisted in restricting the category of persons allowed
to visit juvenile residents to the closest family members/relatives, often exclusively parents (YCC in Antoniewo, YCC in Kalisz, YSC in Piaseczno). In YCC No 2 in Warsaw, the
right to receive visits from persons other than closet family members was made conditional on weekly behaviour assessment of a juvenile concerned. Such restrictions violate
the provisions of the Act on j.d.p.162. § 66(4) of thi Act, specifying the rules for contacts of
the juvenile, uses the expression “people from outside the detention centre”, but does not
impose an obligation to prove the degree of kinship with such people. The only reasons
for restricting or prohibiting contacts of a juvenile with people outside the establishment,
which were stipulated in § 66(4) of the Act on j.d.p., concern only cases when such contact
would pose a threat to the legal order or safety of the establishment, or could adversely affect the course of the ongoing proceedings or social reintegration of the juvenile. In such
case, the director of the establishment is obliged to promptly notify the juvenile and the
relevant family court about the reasons of his decision. The court may overrule the decision made by the director. The NMP recommended allowing detained juveniles to have
contact with their siblings, relatives or other people from outside of the establishment,
Dz. U. of 2010, No. 33, item 178, as amended.
162
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