• deletion from the draft act of the provision allowing for the prophylactic examination of a minor
after admission to the facility in order to determine possible presence of alcohol or another
psychoactive substance in the body by means of methods which do not require lab tests
(in the opinion of the Commissioner such an examination, given the strong interference with
the ward’s privacy and the risk of humiliation, should only be performed if the personnel of the
establishment suspects with a high degree of certainty that the minor is under the influence
of alcohol or another psychoactive substance. The examination should be performed solely by
a medical professional. Furthermore, the minor should have the right to challenge the decision
to perform such an examination before the court)30.
The Commissioner also presented his stance on the draft Guidelines concerning the EU policy
towards third countries in the context of using torture and other cruel, inhuman or degrading treatment or punishment.
Both opinions have been published on the website of the NMPT31.
THEMATIC REPORT32
In 2019 the National Mechanism for the Prevention of Torture published a thematic report entitled Monitoring of the treatment of prisoners with physical and sensory disability which was drawn up in
the aftermath of thematic visits. In the course of those visits emphasis was placed on examining the
situation of detainees with motor and sensory (vision and hearing organs) disabilities. Some of those
inspection visits were also attended by experts from non-governmental organizations dealing with
such issues. The report was prepared in the hope that the issues presented therein would encourage
the authorities to reflect and undertake concrete measures concerning the situation of persons with
disabilities residing in prisons and pre-trial detention centres. The survey developed by the representatives of the Polska Bez Barier Foundation for the purposes of thematic visits conducted by the NMPT
and concerning persons with motor and sensory disabilities is included at the end of this publication.
It comprises numerous practical tips with regard to, among other things, planning the accessibility of
facilities to persons using wheelchairs or elbow crutches. Those recommendations are of universal
nature and they can be implemented also in other types of buildings, which makes them a hugely
valuable source of knowledge that we should apply more and more commonly in Poland. The report
has been translated into English so that it can be shared internationally.
30
31
32
24
Ibid, item 40-41.
Cf. https://www.rpo.gov.pl/content/opiniowanie-akt%C3%B3w-prawnych.
Cf. https://www.rpo.gov.pl/pl/content/monitoring-traktowania-wiezniow-z-niepelnosprawnoscia-fizyczna-i-sensoryczna-raport-z-dzialalnosci.
PART II – How does the nmpt work?
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