amendment to Article 15 sect. 10 of the Act of 6 April 1990 on the Police (Dz.U. of
2007, No 43, item 277 as amended.),
The proposal in question is analogical to the legal regulations concerning rooms
in police organisation units for apprehended and sobering people. The issues are going
to be monitored by the National Preventive Mechanism.
During its research on living conditions the National Preventive Mechanism
remarked that in the Police Emergency Centres for Children in Legnica and BielskoBiała, juveniles (both in bedrooms and in day rooms) wore pyjamas during the day. In
Bielsko-Biała a juvenile wore pyjamas with no buttons, he did not receive underwear
nor a tracksuit and a toothbrush. National Preventive Mechanism stated that in the
visited facilities tracksuits were available but they were not offered to the juvenile.
National Preventive Mechanism stressed each time that juvenile placed in
police emergency centres should be given clothes relevant to the daytime,
underwear and cleansing means necessary for personal hygiene.
In the centre in Bielsko-Biała, the NPM representatives got an information from
a juvenile that as he was watching TV, tutors were smoking in their room. Such
situations are unacceptable, as according to § 4(2) of the Ordinance of Minister of the
Interior and Administration of 14 September 2001 on the rules of acceptability of use
of tobacco products on the premises subject to the relevant minister of the interior53,
children placed in the Police emergency centres cannot witness smoking. In relation to
that, the Police City Commander forbade to smoke in the establishment.
NPM was concerned with condition of 2 isolation rooms in the Police
emergency centre in Bielsko-Biała. The were empty, with no equipment. One of them
lacked working ventilation. The facility staff reported no juvenile has been placed
there since 2009.
f) Protection against physical and mental abuse
Ordinance of the Minister of the Interior and Administration of 21 January 2002 on
detailed rules governing the stay of juveniles in the Police emergency centres for
children (Dz.U. No 10, item 104 as amended.)
§ 5 (1)(3) A juvenile placed in a police emergency centre for children is entitled to: respect
of their human dignity (§5(1)(2) protection from physical and mental abuse and any act of
cruelty.
§ 9 If a juvenile behaviour may constitute a risk for his life or health or life or health of other
persons, they may be placed in an isolation room in order to release the tension. A juvenile
may stay in an isolation room until the tension is released. The juvenile behaviour is
constantly supervised by police officers on duty. In case of particularly aggressive behaviour
a doctor should be called immediately.
The NPM representatives spoke in private with all juveniles who were present
in establishments on the day of inspection. They did not report any acts of improper
treatment by police officers during their detention and stay in the centre.
g) Disciplinary measures
53
Dz.U. of 2001 No 106, item. 1163.
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