have additional time for daily leisure activities, part of which should be devoted, if the
juvenile so wishes, to arts and crafts skill development. The detention facility should ensure
that each juvenile is physically able to participate in the available programmes of physical
education. Remedial physical education and therapy should be offered, under medical
supervision, to juveniles needing it.
Taking care of physical and cultural development of the juveniles is a very
important task for the juvenile establishments. On a basis of the information gathered,
it may be concluded that in the visited establishments, the educational staff seeks to
fulfil this obligation through organizing interest circles (eg. JDC in Mrozy, JDC in
Falenica, JDC in Laskowiec), musical or theatrical groups (JDC in Pszczyna, JDC in
Falenica), educational and sightseeing trips (JDC in Laskowiec), voluntary services
(JDC in Pszczyna) or "clubs" (JDC in Studzieniec).
An essential breach of the European standards with respect to the right to
recreation and rest is limiting access of the juveniles to outdoor activities (JDC in
Białystok, JDC in Laskowiec, JDC in Mrozy). The National Preventive Mechanism
stresses that the juveniles should be provided with access to outdoor activities
every day.
The directors of the above-mentioned establishments informed the visiting
persons of undertaking actions aimed at facilitating the juveniles access to outdoor
activities.
It should be mentioned here that on 11 February 2010, the Human Rights
Defender, referring to previous correspondence on the lack of provisions providing the
juveniles staying in the juvenile detention centres and juvenile shelters with daily
access to outdoor activities, sent a letter73 to the Minister of Justice. He requested in it
to provide information whether the actions announced by the Minister in that regard
had already been taken. In a reply of 16 March 2010, the Secretary of State at the
Ministry of Justice reported that the new solutions introduced by the ordinance of the
Minister of Justice of 20 July 2009, which amends the ordinance of 17 October 2001
on juvenile detention centres and juvenile shelters are to have an influence, inter alia,
on limiting the possibilities of the occurrence of extraordinary incidents which often
are a basis for restricting access to walks and staying of the juveniles outside the
buildings of the detention centre or shelter. This, in turn, should affect, wider than so
far, access of the juveniles to this type of activity. Currently, on a basis of the abovementioned ordinance, the detailed rules of procedure, related to providing safety in this
type of establishments, are being developed. In addition, at the Ministry of Justice, the
procedures uniform for all detention centres and shelters, which will include the rules
of the use of outdoor activities by the juveniles, are being developed.
73
RPO-597667-VII/10
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