bottom clothes), which should be applicable towards detainees. Patients may not lodge a complaint as to the justification and method of body search. They are not protected by any law in this respect. While examining a motion of the Commissioner of Human Rights, the Constitutional Tribunal in its judgment of 21 April 2015126 held that there is no legislation which should define the procedure of body search of people admitted to a psychiatric facility and there is no legal basis for introducing temporary limitations of telephone conversations for detainees. An Ordinance of the Ministry of Health of 16 January 2017 on psychiatric committee for security measures and execution of security measures in psychiatric establishments127, issued as a result of implementing the Tribunal’s judgment, has not led to detailed regulation of that issue at the level of an implementing legislation. Chapter 13 of the Code of Enforcing Judgments in Criminal Cases has not been supplemented to include the necessary provisions. As a consequence, the rules concerning lives of inmates in psychiatric facilities are still defined by managers of the psychiatric facilities in internal rules and regulations, which violates Article 31.3 of the Constitution of the Republic of Poland. ☞ According to the CHR there is no legal basis for intervention in patient’s privacy by carrying out body search in psychiatric hospitals in which a security measure is executed. Having regard to the above, the CHR called the Minister of Justice to amend the Code of Enforcing Judgements in Criminal Cases so that statutory provisions define the rights, limitation thereof and obligations of persons subject to security measure in the form of placement in a psychiatric facility128. In his response, the Vice-Minister of Justice held that in his opinion there was no need to amend the Code of Enforcing Judgements in Criminal Cases as the issues raised by the CHR are already regulated in the Healthcare Act of 15 April 2011 and in Mental Health Protection Act of 19 August 1994129. Preparing opinions on psychiatric detainees When preparing an opinion on a psychiatric detainee which is the basis for a detainee’s stay at the hospital or release, one should remember that in case of a long-lasting proceedings (sometimes exceeding one year) it is necessary to verify the patient’s mental condition in terms of further need to apply the security measure involving the placement in a psychiatric hospital. It happens that – throughout the period of the proceedings – the patient was treated systematically, his mental health improved and he does not require hospitalization any more. Moreover, in case of isolation in a psychiatric hospital, which is a measure which significantly limits civic liberties of the inmate, it is necessary 126 127 128 129 Case no U 8/14. Journal of Laws (Dz. U.) of 2017, item 119. General Intervention of the CHR to the Minister of Justice of 8 April 2019, IX.517.961.2018. A letter of the Secretary of State at the Ministry of Justice of 20 January 2020, DLPK-I.053.6.2019. Report of the Commissioner for Human Rights on the activities of the National Mechanism for the Prevention of Torture in Poland in 2019 55