Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2013
do it only after exhausting all other possibilities), and complaints to institutions
are forwarded by the establishment director.
3B.3.5. Contacts with the outside world
Juveniles can keep in contact with their families by letters, phone calls and
visits, and during holidays and passes.
Similar to juvenile care centres, during visits to juvenile detention centres
and juvenile shelters NPM representatives detected restrictions towards persons other than family members.
Another violation identified by NPM representatives is the control of correspondence, incompatible with the Act on juvenile delinquency proceedings.
Pursuant to Article 66 § 3 of the Act on juvenile delinquency proceedings, correspondence of juveniles may be controlled by the director of the establishment, centre
or shelter or by an authorised pedagogical staff member only in case of justified
suspicion that its contents undermine legal order, compromise safety of the establishment, centre or shelter, stand in contrast to public morals or may have an adverse
impact on the pending proceedings or rehabilitation of juveniles. If such contents are
found, correspondence is not delivered and the fact, along with its justification, is notified to the juvenile and the family court executing the decision. The juvenile is also
advised about the right to file a complaint referred to in Article 31a. The said correspondence is transferred to the personal file of the juvenile. In the visited establishments a practice of preventive controls of correspondence was discovered, which
was either a rule131 or occurred at random,132 checking parcels in the absence of the
charges.133 There was also a rule in one establishment that stipulated compulsory
control of correspondence.134
In the majority of visited establishments, the opportunity to meet with people from outside the family was associated with a privilege. NPM representatives
also had reservations about the fact that visits to juveniles take place solely in the
presence of adults,135 under the supervision of a security guard136 or in a small
room next to security guard room.137 According to the visitors, the practice is not
substantiated by current provisions and as such it should be eliminated.
Juvenile Detention Centre in Gdańsk.
Juvenile Detention Centre and Juvenile Shelter in Koronowo.
133
Juvenile Centre for Social Adaptation in Koszalin.
134
Juvenile Detention Centre and Juvenile Shelter in Świdnica.
135
Juvenile Detention Centre in Gdańsk.
136
Juvenile Detention Centre and Juvenile Shelter in Racibórz.
137
Juvenile Detention Centre in Trzemeszno.
131
132
49
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents