should not happen. The staff of this kind of establishments should behave in
suach a way so as to avoid conflicts and eliminate bad examples from the
environments, they were raised in. In response to the recommandations of the
National Preventive Mechanism, the heads of the mentioned establishments informed
the Human Rights Defender that the collective responsibility shall not be used.
Moreover, the catallogue of disciplinary measures of some establishments, have
been extended by cleaning of the establishment (e.g. YCC No 1, YCC No3 and YSC
No 2 in Łódź) or physical exercises. In the opinion of the Mechanism
representatives, this kind of punishments may cause a distortion of image of work
as a form of self-maintainance and physical exercise as a form of getting fit. For
that reason, such provisions were erased from internal regulations. In response, the
head of the Youth Sociotherapy Centre in Łódź informed that during their meeting the
juveniles decided there is no need to erase the punishment consisting in working for
the establishment from the punishment regulation. In relation to that Mechanism
presented its position on the matter once again and, in consequence, this punishment
was removed from the punishment regulation. It was erased from regulation also in
other etablishemnts, where it was recommanded by the Human Rights Defender.
When it comes to the recommendations concerning non-statutory punishments,
the head of the Silesian Care Centre in Różanystok explained that daily reports and
class register are constatly controlled in order to check if the punishments in use are in
compliance with the punishment and awards regulation. The head tried also to
examine the issue of inhuman punishment, reported to the visiting persons. In his
opinion, it is impropable that an inmate was punished with „kneeling all night by a
wall”, as such a punishment could be perceived by supervisors and could be
communicated to other persons, including school staff. The head stated that the are no
grounds to believe that kneeling all night was used as a punishment. The same
situation concerned cleaning of toilet ceiling, which is impossible to verify without
detailed information. Despite explanations presented by the head of the establishment,
in the opinion of the Mechanism representatives, the number of signals they got during
interview with inmates of SCC in Różanystok means it is possible that this kind of
punishment might have been used.
The head of YCC in Podzamcze promised to focus in particular on the way the
juveniles are treated by their tutors.
c) Coercive means in use
Recommendation of the Committee of Ministers CM/Rec(2008)11 on the European
Rules for juvenile offenders subject to sanctions or measures.
Principle 90.1 Staff shall not use force against juveniles except, as a last resort, in selfdefence or in cases of attempted escape, physical resistance to a lawful order, direct risk of
self-harm, harm to others or serious damage to property.
Principle 90.2. The amount of force used shall be the minimum necessary and be applied for
the shortest time necessary.
Principle 93.1. If in very exceptional cases a particular juvenile needs to be separated from
the others for security or safety reasons, this shall be decided by the competent authority on
the basis of clear procedures laid down in national law, specifying the nature of the
separation, its maximum duration and the grounds on which it may be imposed.
Act on juvenile delinquency proceedings (Dz.U. of 2002, No 11, item 109)
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