juveniles deprived of their liberty, many of whom may have behavioural problems related to
emotional deprivation or a lack of social skills. The CPT also wishes to stress that a
juvenile's contact with the outside world should never be restricted or denied as a
disciplinary measure.
United Nations Rules for the Protection of Juveniles Deprived of their Liberty. General
Assembly resolution 45/113
Principle 59 Juveniles should be allowed to communicate with their families, friends and
other persons or representatives of reputable outside organizations, to leave detention
facilities for a visit to their home and family and to receive special permission to leave the
detention facility for educational, vocational or other important reasons.
Principle 60 Every juvenile should have the right to receive regular and frequent visits, in
principle once a week and not less than once a month, in circumstances that respect the
need of the juvenile for privacy, contact and unrestricted communication with the family and
the defence counsel.
Principle 61 Every juvenile should have the right to communicate in writing or by telephone
at least twice a week with the person of his or her choice, unless legally restricted, and
should be assisted as necessary in order effectively to enjoy this right. Every juvenile should
have the right to receive correspondence.
Act on Juvenile Delinquency Proceedings
Art. 66 § 3. Correspondence of the juvenile placed in the establishment, detention centre or
juvenile shelter referred to in § 1, except for correspondence with the state and selfgovernment authorities, in particular with the Human Rights Defender and the Ombudsman
for Children and the authorities designated pursuant to international agreements relating to
the protection of human rights ratified by way of the act by the Republic of Poland, may be
controlled by the director of the detention centre, establishment or shelter or by an
authorized educational employee, only in cases of justified suspicion that this
correspondence contains the contents threatening the legal order, the safety of the detention
centre, establishment or shelter, principles of public morality or likely to have an adverse
effect on the course of the ongoing proceedings or social reintegration of the juvenile.
Should such the contents be found, correspondence is not delivered and both the juvenile
and the family court executing the judicial decision are informed of it, with stating the
reasons for such a decision. The juvenile is instructed of the right to lodge a complaint,
referred to in article 38. Retained correspondence shall be included in the juvenile's
personal files.
§ 4. The director of the detention centre, establishment or shelter, referred to in § 1, may
restrict or prohibit the contacts of the juvenile with people outside the detention centre,
establishment or shelter only if this contact posed a threat to the legal order, the safety of
the detention centre, establishment or shelter or could adversely affect the course of the
ongoing proceedings or social reintegration of the juvenile.
An important guarantee of the protection against bad treatment is the properly
exercised right of the juveniles to have contact with the outside world. Here, it should
be stressed that the administration of this type of establishments is obliged to protect
the family ties of the juveniles. In the majority of the visited juvenile detention centres,
the juveniles were allowed to see the closest family without any restrictions. During
the interviews, the juveniles did not report any problems regarding those visits.
However, alarming signals appeared, pointing out to the fact that the right of the
juveniles to have contact with the outside world may be violated. This refers to, inter
alia, the reservations made by the juveniles in the course of discussions with the
National Preventive Mechanism members at JDC in Białystok and JDC in Laskowiec.
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