Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2012 4.   Disciplinary procedure In the visited establishment, there is a catalogue of rewards and disciplinary measures, as well as a system of progressive assessment of attitudes and conduct of juveniles, indicating that the conduct assessment has a  direct impact on the rewards and privileges of the juveniles. The analysis of the documentation reveals that the conduct assessment and the therapeutic level also have an impact on the contact with the outside world, i.e. the visits of persons other than close relatives and the granting of passes and leaves. In the opinion of the visiting team the issues such as the contact of juveniles with people from outside the detention centre or the possibility to obtain a pass or a leave should not depend on the conduct of the juvenile. Granting rewards or applying disciplinary measures related to the fundamental freedom of an individual, such as personal freedom, may not be regulated by sub-statutory legal acts, let alone by internal acts of a given establishment. Therefore, the recommendation was made to the director of the Detention Centre to eliminate the provisions that make the right to maintain contacts by juveniles with people from outside the detention centre and to receive passes and leaves conditional on the conduct assessment and the therapeutic level from internal documents of the centre. During the visit some complaints were received about the evaluation system in one of the groups. The rules of the system are not explicitly laid down in the documents of the establishment which raises serious concern of the visiting team. Based on this system, juveniles may receive or lose points and their score has a significant impact on their privileges. The information gathered by the NPM employees reveal that the tutors use the system to maintain discipline among juveniles by introducing practices that are unjustifiable from the point of view of rehabilitation, since the points are deducted in the following situations: if a juvenile does not fill in the kettle with 1.7 l. of water in the room of the tutors (points are deducted from the score of the juvenile who cleans the room), if he does not switch on the light in front of a walking tutor, if he does not use a knife and a fork, if he does not keep his wrists straight on the table, if he does not put down his cutlery in a “5 o-clock” position or does not leave an immaculately clean room after tiding (the tutor tests if the floor is clean with his bare hand). Although the members of the visiting team do not question the need to teach the juveniles, inter alia, how to behave properly at the table, they consider the methods used to instil the knowledge in juveniles to be discouraging and excessively strict. Therefore, the representatives of the Mechanism recommended that the staff should cease to use educationally unjustified practices to maintain excessive discipline in this group, and that the scoring system in this group and its rules should be explicitly specified. 58

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