notified of the methodology of the monitoring team’s work prior to the commencement of NMPT’s
visits to Police stations39. At that point he declared full cooperation on the part of the Police40.
In response to the letter, the Commander-in-Chief of the Police informed that he instructed all
heads of Police organizational units to initiate informational actions devoted to the OPCAT as well
as the NMPT’s rights and work methodology. Additionally, a comprehensive document was prepared
with the analysis of the remit of actions of the NMPT. It was sent to Police units in order to undertake
relevant educational and informational activities in response to the needs in that regard 41.
What attracted the attention of the inspection team during the visit to the Warszawa-Wawer
Police station42 was the apprehension and placement of two foreigners in transitional rooms. In order
to inspect the monitoring footage a request was addressed to the Police station to safeguard relevant
files and send them on an appropriate carrier to the Office of the Commissioner for Human Rights.
The received CD comprised files in a format that could not be played on devices without a suitable
operational system.
Given that problem, the NMPT once again requested the Police station to generate the relevant
file in a format that could be played on universally used operational systems. Yet, due to the lapse of
time, monitoring footage was already deleted from the system and the CD sent to the Office of the
CHR was the only carrier from which the recording could be recovered. Since there was a concern
about possible data loss, it was necessary for the CD to be picked up personally by the officer from
the Warszawa-Wawer Police station. After around a two-week waiting time for the repeated delivery
of the materials, it turned out that the material provided did not allow for an appropriate analysis of
the recording. It was, namely, fast-forwarded a number of times, which did not make it possible to
thoroughly analyze the conduct of detainees and officers. Moreover, all recordings were stopped
in the same moment, i.e. when detainees were still in the facilities. It was, therefore, not possible to
check at what time the detained were de facto released. The described situation resulted in the need
for a repeated involvement of the employees of the Police unit and waiting for properly recorded
material. Having familiarized itself with the recording obtained in the aftermath of this intervention,
the NMPT determined that recordings were still defective (they ended when the detained still remained in transitional rooms).
Given the above, the NMPT came to the conclusion that the Warszawa-Wawer Police station
made it impossible for the inspection team to get fully acquainted with monitoring footage from
transitional rooms in which the said foreigners were detained, which de facto prevented the team
from verifying the method of detainees’ treatment and the conditions of detention.
39
40
41
42
Cf. Letter of the Deputy Commissioner for Human Rights of 3 October 2018, reference no. KMP.570.26.2018.
RK.
Cf. Response of the Commander-in-Chief of the Police of 26 November 2018, ref. no. l.dz. Gpc-841/18.
Cf. Response of the Commander-in-Chief of the Police of 15 July 2019, ref. no. Gpc-410/345/19.
Police station Warszawa-Wawer (KMP.570.4.2019).
28
PART III – Difficulties with the execution of the nmpt’s mandate
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