Places visited by the National Preventive Mechanism in 2011
and requires constant care and nursing since without such care his/her life is endangered,
but does not require hospitalisation, and such person or his/her statutory representative
does not consent for such person to be admitted to a social care centre, the decision to
place such person in an establishment is made by a family court, upon a motion of the
authority competent of social care or by a director of a psychiatric hospital. On the other
hand, pursuant to Article 41 of the cited Act, a person who was admitted to a social care
centre on the basis of a court decision, as well as this person’s statutory representative and
other entities listed in the said Article, may appeal to a family court against this decision.
The documents that were analysed did not reveal any breach of the above-mentioned
provisions in the visited establishments.
2.8. Detention Centres of Military Gendarmerie
In 2011, employees of the National Preventive Mechanism carried out visits in 4 Detention Centres of Military Gendarmerie227 (hereinafter: DCMG).
As of the day of drafting this Report, the Human Rights Defender, acting in the capacity
of the National Preventive Mechanism228, has not received any response to the recommendations issued to the management of DCMG in Cracow. It should be stressed, however,
that at the time of visits there were no detained persons in the Centres, so the conclusions
presented herein below result from viewing the premises and analysing documents.
a) Informing soldiers about their rights
During the visit to DCMG in Elbląg and in Ustka it was established that the right to
information was observed. When admitted to the Centre, each soldier is orally informed
about his rights and duties during his stay in the Centre. Moreover, in every room for
detainees the Regulations and the Day Schedule were displayed in a visible place, so that
every detained soldier had access to the information about his rights and duties when at
the DCMG. Displaying both the Regulations and the Day Schedule was compliant with
the applicable law.
However, in DCMG in Cracow and in Lublin soldiers were informed about their rights
and duties during their stay at the establishment only orally. In the opinion of the National
Preventive Mechanism, such practice does not guarantee that a detainee is able to thoroughly acquaint himself with his rights and duties during his stay in DCMG. For many of
these soldiers being detained in DCMG is a new experience, doubtless a highly stressful
one, which makes it impossible for them to fully comprehend the meaning of the Regulations with which they can acquaint themselves only in the manner described above (i.e.
they receive oral instructions). The Regulations in the Detention Centre in Lublin contain
227
228
Detention Centre of Military Gendarmerie in Elbląg, Cracow, Lublin and Ustka.
Hereinafter referred to as: “NPM” or “Mechanism.”
127
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