In youth detention centres body search is done based on the provisions of an ordinance rather than provisions of an act160. Moreover, the ordinance does not indicate persons authorised to conduct body search, or justification for such search, or it does not provide a measure of appeal against body search. ☞ Body search in youth detention centres should be regulated by a statute. police emergency centres for children (PID) SYSTEMIC PROBLEMS No obligatory medical examination of youth detained and documenting injuries This issue, despite its having been described in the previous annual NMPT Report161, still remains unresolved. One has to indicate that a medical examination of those detained and appropriate accounting for injuries discovered out during the examination are deemed an essential and minimal guarantee which protects those persons against torture and violence which is strongly underlined by international institutions for monitoring the treatment of detainees162. CPT During its last visit to Poland in 2017 the CPT recommended that each newly admitted minor be examined by a doctor as soon as possible and not later than 24 hours after being admitted to the facility. According to the CPT, a doctor should interview and examine the minors after their admission to a detention centre; apart from exceptional circumstances an interview/examination should be conducted on the day of admission. However, the minor may contact a qualified nurse first who then will report to a doctor163. 160 161 162 163 66 Ordinance of the Minister of Justice of 17 October 2001 concerning youth detention centres and temporary youth hostels (consolidated text in Journal of Laws (Dz. U.) of 2017, item 487). Report of the Commissioner for Human Rights on the operation in Poland of the National Mechanism for the Prevention of Torture in 2018. See for example the Second CPT General Report, CPT/Inf (92) 3, paragraphs 36-38; CPT Report on a visit to Poland, CPT/Inf (2014) 21, paragraph 26, 30; CPT Report on a visit to Poland, CPT/Inf (2018) 39, paragraph 27. See the CPT Report on a visit to Poland, CPT/Inf (2018) 39, paragraph 27. PART IV – Situation in places of detention

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