The reservations related to the practice of granting consent for visits only to parents,
which is an excessive restriction, unsupported by the legislation. Moreover, at JDC in
Laskowiec the person authorized to determine contacts of the juvenile with the open
environment is the housemaster, which, in the NMP's opinion, is a too far-reaching
authorization. On the other hand, the rules of procedure do not specify the rights to
contacts with the family of the juveniles placed in the transition room.
The violation of the right of the juveniles discussed in this paragraph is also the
practice of controlling all the letters of the juveniles whose application was confirmed
during the visits in the establishment in Falenica, Laskowiec, Białystok and Mrozy. It
should be stressed that it is completely unacceptable to control correspondence of the
juveniles addressed to the institutions such as the Ombudsman for Children or Human
Rights Defender, which was found in JDC in Mrozy.
The practice threatening the protection of family ties was also the practice
observed by the National Preventive Mechanism representatives in the Juvenile
Detention Centre in Białystok – a juvenile from one of the groups, the so-called readaptation group, had limited contact by telephone with his parents. During the day,
the juvenile had the right to make only one phone call the duration of which could not
exceed 5 minutes.
The NMP recommendations to remove the above-mentioned irregularities have
been implemented in accordance with the explanations of the directors of the detention
centres in Laskowiec, Mrozy and Falenica. The director of JDC in Białystok negated
the National Preventive Mechanism recommendations. He informed that the
provisions of the Act on Juvenile Delinquency Proceedings on the implementation of
the visits and control of correspondence were observed and that he had no plans to
introduce any changes in that regard.
f) Right to medical care
United Nations General Assembly Resolutions no. 43/173 of 9 December 1988.
Principle 24. A proper medical examination shall be offered to a detained or imprisoned
person as promptly as possible after his admission to the place of detention or
imprisonment, and thereafter medical care and treatment shall be provided whenever
necessary. This care and treatment shall be provided free of charge.
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 62.5 As soon as possible after admission, the juvenile shall be medically
examined, a medical record shall be opened and treatment of any illness or injury shall be
initiated.
Principle 69.2 The health of juveniles deprived of their liberty shall be safeguarded
according to recognised medical standards applicable to juveniles in the wider community.
Principle 70.1 Particular attention should be paid to dealing with health hazards linked to
deprivation of liberty.
Principle 70.2 Special policies shall be developed and implemented to prevent suicide and
self-harm by juveniles, particularly during their initial detention, segregation and other
recognised high risk periods.
Principle 71 Juveniles shall be given preventive health care and health education.
Principle 75 Health care in juvenile institutions shall not be limited to treating sick patients,
but shall extend to social and preventive medicine and the supervision of nutrition.
Ninth General Report [CPT/Inf (99) 12]
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