previous visit, had not been removed. What is more, after analysing the documentation
and interviewing the juveniles and the director of the establishment it was determined
that the juveniles in the Detention Centre were subject to degrading treatment and
punishment. Most reservations were reported as regards placing the juveniles in
transition rooms – without any legal basis, for a long period of time, under
inappropriate living conditions.
The director of the Detention Centre and the head of the District Educational
Supervision Team in Białystok mostly did not share the post-visit findings and
recommendations and introduction of some changes suggested by the NMP
representatives encountered difficulties. In the connection with the above, the Human
Rights Defender applied to the Ministry of Justice for addressing the disputable – in
the opinion of the director of JDC in Białystok - issues.
The report on the actions carried out in the Juvenile Detention Centre in
Białystok, submitted to the Ministry of Justice, became a basis for initiating the
explanatory proceedings at the Department of Decision Implementation and Probation
of the Ministry of Justice, during which the director of the Detention Centre and the
head of the District Educational Supervision Team in Białystok were asked for
explanations. Also, the Chief Judge of the District Court in Białystok supervising the
establishment was obliged to submit an opinion on the way of the implementation of
the tasks by the Detention Centre. The Chief Judge of the District Court in Białystok
issued a favourable opinion on the work of the director of the establishment,
confirming the validity of four charges only, with the information about their
immediate removal. In addition, within the framework of his powers, he obliged
himself to order a comprehensive visit to the Juvenile Detention Centre in Białystok.
Once the Department of Decision Implementation and Probation received the
information in the course of the explanatory proceedings, it was decided to inspect the
establishment, in order to assess the state of the implementation of recommendations
issued by the National Preventive Mechanism as a result of the visit to the Detention
Centre carried out in 2008 and to compare the results with the evaluation made during
reinspection in 2010. Based on the inspection results, it was found that a number of
charges specified in the post-visit information of the NMP representatives on the
irregularities in the functioning of the establishment had been confirmed. Therefore,
the director of the establishment was obliged to remove the irregularities found.
a) Living conditions
Recommendations CM/Rec(2008)11 of the Committee of Ministers to the Member
States on the European Rules for juvenile offenders subject to sanctions or measures.
Principle 63.1 The accommodation provided for juveniles, and in particular all sleeping
accommodation, shall respect human dignity and, as far as possible, privacy, and meet the
requirements of health and hygiene, due regard being paid to climatic conditions and
especially to floor space, cubic content of air, lighting, heating and ventilation. Specific
minimum requirements in respect of these matters shall be set in national law.
Principle 65.2 Juveniles shall have ready access to sanitary facilities that are hygienic and
respect privacy.
Principle 68.1 Juveniles shall be provided with a nutritious diet that takes into account their
age, health, physical condition, religion, culture and the activities that they undertake in the
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