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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