CPT The delegation expresses concern with the situation of the only female patient of NCPDB. According to the personnel she should not have been admitted to NCPDB: although psychosis was not diagnosed in her formally, the medical personnel is of the opinion that she may suffer from paranoid schizophrenia and she voluntarily takes antipsychotic medications107. Apart from the problem concerning referrals to NCPDB of mentally ill people, according to the NMPT attention should also be paid to two other problems resulting from the same piece of legislation. First of all, considering that NCPDB is to fulfil a therapeutic function, one has to remember that such work involves caring after patient’s resources, including cognitive and intellectual ones. Thus, one should ponder whether referring those intellectually disabled or those with significantly lowered cognitive functions to NCPDB is justified. Due to limited possibilities of such people to analyse their actions, they will not benefit in any case from therapies offered, and their stay will fulfil merely the function of isolation. The second major issue would be to introduce – at the central level – a possibility to verify the grounds for referring people to NCPDB. Unfortunately, despite numerous appeals of the CHR108, a comprehensive law concerning court appointed experts has not been introduced in Poland yet. As a consequence, there are cases when court appointed experts’ opinions are of a low quality. Undoubtedly in case of opinions which may impact a long-term isolation lasting for years, it is necessary to ensure the highest standards possible in this scope. According to the NMPT a good solution would be to establish a special expert committee in case of people referred to NCPDB, the members of which would specialize in the assessment of probability of committing acts of violence. There is a need for substantive assessment of court appointed experts’ opinions and for implementing Structured Professional Judgment Approach to Violence Risk Assessment with HCR20 v3 and SAPROF tools, according to standards based on that method. What is important, such an analysis should be conducted by persons not only trained in its scope but also having a great deal of experience in making such assessments. Such an analysis not only enables to define a real level of probability of a repeated crime, but also to define strategies which may be used in order to minimize the risk, not necessarily by placement in NCPDB. Determining patients’ rights and obligations contrary to constitutional rules According to Article 31.3 of the Constitution of the Republic of Poland any limitation upon the exercise of constitutional freedoms and rights may be imposed only by statute, and only when necessary in a democratic state for the protection of its security or public order, or to protect the natural environment, health or public morals, or the freedoms and rights of other persons. Such limitations shall not violate 107 108 CPT Report on a visit to Poland, CPT/Inf (2018) 39, paragraph 122. CHR intervention to the Prime Minister of 6 December 2018, VII.510.20.2015. Report of the Commissioner for Human Rights on the activities of the National Mechanism for the Prevention of Torture in Poland in 2019 47