Places visited by the National Preventive Mechanism in 2011 medical examination and that they are regularly visited by a doctor or a nurse140. In response to the NPM’s recommendation, the head of ECC in Lublin invoked Article 1 of the Ordinance of the Minister of the Interior and Administration of 21 June 2002 on medical examination of persons detained by the Police, according to which a person detained by the Police, hereinafter referred to as a “detained person”, shall be provided with immediate first aid or undergo a necessary medical examination if the person’s health or life is at risk, in particular, if such person: has visible bodily injuries or lost consciousness, informs about suffering from an illness requiring permanent or periodic treatment, requests first aid and necessary medical examination141. When juveniles report certain ailments or a sudden deterioration of their health, the medical examination is performed by an Ambulance Service doctor in the medical examination room at the emergency centre for children at the NMP’s Prevention Department in Lublin. Similarly, a juvenile in Gorzów Wielkopolski undergoes medical checks when there is reasonable concern about the state of his/her health. Head of the ECC in Bydgoszcz has announced that in his opinion it is not necessary to conduct medical examination of all juveniles when they are admitted to a Centre, since this generates additional costs. The head of ECC in Olsztyn quoted Article 5 of the Annex to the Decision No 346 of KGP of 9 August 2004 which reads: if a juvenile’s state of health raises doubts, he/she should be referred to medical examination in order to obtain a doctor’s opinion. In the opinion of the head of Olsztyn ECC, the above is not equivalent to the obligation to medically examine a juvenile when he/she is admitted to the Centre. The National Preventive Mechanism representatives reported that only during their visit in the ECC in Ostrów Wielkopolski they observed a good practice of performing medical examination of juveniles prior to their admission to the Centre. In the opinion of the Mechanism, such practice should be also applied by other ECCs. During its visit to Police emergency centres for children in Gorzów Wielkopolski and in Bydgoszcz , the Mechanism was informed that juveniles were examined in the presence of a staff member in their bedroom or in a day room. According to the NPM, the participation of a staff member should be exceptional and should be applied only in order to guarantee safety of person performing medical examination. Otherwise, the right of detainees to intimacy and respect for their dignity, as well as the right to medical secret are breached. In response to the Mechanism’s recommendations, the head of the ECC in Gorzów Wielkopolski informed that in his Centre, medical services may be provided at a distance which makes it impossible for the Centre’s staff to hear the conversation between a juvenile and a doctor. The Chief Police commander in Bydgoszcz informed that police officers employed in the ECC were ordered to follow the provisions of the Act of 5 December 1996 on the profession of a physician and of a dentist142, which stipulates that only medical personnel may be present at the time of providing medical care. 140 141 142  See: § 44 CTP/Inf (2006)/11.  Dz.U. of 2002 No 97, item 880.  See: Article 36(2) Dz.U. No 226, item 1943, as amended. 77