Report of the HRD on the activities of the National Preventive Mechanism in Poland in 2011
Figure 3. The number of visits of the National Preventive Mechanism in the premises for detained
persons in Police units in 2008–2011
2008; 11
2011; 27
2009; 21
2010; 15
a) Treatment
While examining the treatment of detainees in PDRs by their personnel, which is a crucial aspect from the point of view of the Mechanism, the NPM’s employees always check
the following four elements: the application of direct coercive measures, the way in which
strip searches of detained persons are executed, systematic controls of physical state of
detainees, and treatment sensu stricto of detainees by officers on duty in PDRs. During the
visits, the Mechanism does not examine unusual events occurring in the visited PDRs. Explanatory proceedings concerning such cases are carried out by one of specialised groups
in the Human Rights Defender Office81.
Even though the legal provisions in force contain no obligation to document the
application of direct coercive measures, the National Preventive Mechanism is of the
opinion that such a register would facilitate analysing such cases from the perspective
of observing the procedures concerning their causes and manner of application.
Due to the lack of such a register, the number and type of direct coercive measures used
in PDRs are specified based on analysing duty log books and on information presented
to the Mechanism by the management of the visited establishments. No persons against
whom direct coercive measures had been used were present in PDRs during the NPM’s
visits, so the representatives of the Mechanism had no opportunity to obtain information from those against whom such measures had been applied. In 2011, the use of such
measures was reported in 7 visited establishments82. The representatives of the Mechanism
revealed no cases of the application of measures not specified in the law83.
During each visit, the National Preventive Mechanism also checks the manner of performing strip searches of persons placed in PDRs (place where a search is carried out,
responsible staff). The Mechanism shares here the opinion of the Committee for the
Prevention of Torture (CPT) that regardless of their age, persons deprived of their liberty
Division of Penal Executive Law in the Group for Penal Law.
PDRs: Olesno, Żyrardów, Tarnów, Bydgoszcz, Drawsko Pomorskie, Kętrzyn, Łódź.
The most frequently applied are: straitjacket and physical force.
81
82
83
52
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