Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2013
Part of the above-mentioned disciplinary measures involved limiting the right
to juveniles’ contacts with the outside world. In the juvenile institutions visited in
2013 NPM representatives discovered the following disciplinary measures: withholding a pass and leave for six months123 and in the other establishment: ban on
telephone calls for a month (also with family members), restriction or suspension
of the right to meet with persons from outside the establishment (with the exception of parents/guardians) for up to three months, ban on telephone conversations
with a boyfriend/girlfriend.124
Another disciplinary measure not provided for in the rules or regulations
of which the visitors were informed by juveniles was the obligation to wear
a bright coloured tracksuit125 or a red outfit (refugees).126 In the opinion of NPM
representatives, the application of such a measure has no substantive justification.
3B.3.4. Right to complain
NPM representatives found out about restrictions on the right to complain on
the basis of interviews with charges and analysis of documentation regulating the
work of establishments. Their concerns related to the absence of provisions on
penalties and rewards127 in the rules for charges128 and the methods of appealing against disciplinary measures.
During interviews with NPM representatives juveniles mentioned problems
in communication with the staff. In one of the establishments129 they pointed out
that they fear to appeal against penalties and submit complaints or requests as in
such case they are always told “feel free to write to the court,” even though the rules
clearly state the terms on which charges may appeal against disciplinary measures,
also directly to the director. In view of the above, NPM representatives recommended adherence to the regulations of the establishment. In another establishment130 juveniles stated that the director makes the decision to see a charge for
a talk on the basis of the reason for the meeting presented by the security guard.
NPM representatives were concerned with this situation, as well as with the fact
that charges have no possibility to file a direct complaints to the director (they can
Juvenile Detention Centre in Gdańsk.
Juvenile Centre for Social Adaptation in Szubin.
125
Juvenile Centre for Social Adaptation in Szubin.
126
Juvenile Detention Centre in Kcynia.
127
Juvenile Detention Centre in Barczewo.
128
Juvenile Detention Centre in Trzemeszno, Juvenile Detention Centre and Juvenile Shelter in
Świdnica.
129
Juvenile Centre for Social Adaptation in Szubin.
130
Juvenile Detention Centre in Kcynia.
123
124
48
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