Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2013
The technical condition of buildings of the visited establishments was satisfactory. In only two establishments153 NPM representatives recommended refurbishment of rooms which were in a bad condition.
NPM representatives had no reservations about the condition of furniture
in most visited establishments, with the exception of two establishments154 where
furniture required repair or replacement.
In some establishments intimacy in sanitary areas was not ensured. The most
serious identified violation in terms of no intimacy in bathrooms was the absence
of curtains and cameras over showers,155 due to which juveniles were forced to
bathe in underwear.
However it should be emphasised that the restriction on the right to privacy156
resulting from the use of CCTV is only based on the provisions of an implementing act. None of the provisions of the Act on juvenile delinquency proceedings
provides for the use of CCTV in juvenile detention centres or juvenile shelters.
Thus the requirement that any limitation upon the exercise of constitutional freedoms and rights may be imposed only by statute, provided for in Article 31(3) of
the Constitution of the Republic of Poland, is breached.
3B.3.11. Staff
During the visits, NPM representatives pay attention to adequate qualifications of the staff to work with juveniles. In all establishments the staff had completed appropriate education and raised their qualifications by attending a variety of training courses.
3C. Police emergency centres for children
3C.1. Introduction
In 2013, the staff of the National Preventive Mechanism Department visited
four Police emergency centres for children.157
3C.2. Systemic problems
Systemic problems have been presented in item 3 that concerns the necessity
to draw up a new Act on juvenile delinquency proceedings.
Juvenile Detention Centre in Kcynia, Juvenile Centre for Social Adaptation in Koszalin.
Juvenile Detention Centre in Kcynia, Juvenile Detention Centre and Juvenile Shelter in Świdnica.
155
Juvenile Detention Centre in Gdańsk.
156
Article 47 of the Constitution of the Republic of Poland.
157
Police Emergency Centres for Children in: Będzin, Białystok, Krakow, Koszalin (closed).
153
154
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