Places visited by the National Preventive Mechanism in 2011 Preventive Mechanism is of the opinion that the presence of a non-medical officer during the provision of health care services to a prisoner should be exceptional and take place only when it is required to ensure safety of the person providing health care services and is explicitly requested by the medical personnel. The CPT has also voiced some concerns about the issue. The Committee acknowledged that special security measures may be required during medical examinations in a particular case, when a security threat is perceived by the medical staff. However, there can be no justification for prison guards being systematically present during such examinations; their presence is detrimental to the establishment of a proper doctor-patient relationship and usually unnecessary from a security point of view. Alternative solutions can and should be found to reconcile legitimate security requirements with the principle of medical confidentiality. One possibility might be the installation of a call system, whereby a doctor would be in a position to rapidly alert prison officers in those exceptional cases when a detainee becomes agitated or threatening during a medical examination. The CPT recommends that the Polish authorities take steps to bring practice in line with the above considerations. If necessary, the law should be amended accordingly.47 In Jasło and in Wadowice Prisons there were no patient rooms. Pursuant to § 4 of the Ordinance of the Minister of Justice of 28 March 2002 laying down detailed rules for creation, transformation, liquidation, organisation, management and control of health care centres for prisoners48, prison health care centres include i.a. outpatient clinics with patient rooms. The Ordinance does not provide for outpatient clinics operating without patient rooms. Moreover, a sick person usually requires isolation ensuring peace necessary for the patient to get better. Isolation also ensures the safety of other detainees. In response to the recommendation issued, the head of the establishment in Jasło claimed that his Prison had a three-person patient room, which is a part of the health care centre premises. However, the inspection of the establishment revealed that the room mentioned by the head of the establishment did not serve as a patient room on the day of the visit. Several prisons also failed to make available in a visible place the Charter of Patients’ Rights adjusted to the needs of persons placed in penitentiary establishments (Prison in Wadowice, Pre-Trial Detention Centre in Grójec, Prison in Nowy Wiśnicz, Pre-Trial Detention Centre in Olsztyn). According to the information provided by the medical staff of the Prison in Nowy Wiśnicz, “Charter of Patients’ Rights” is provided upon request of a prisoner. However, the visiting team is of the opinion that patients may not be aware that such a Charter exists. Therefore, they asked to place the information stating that the “Charter of Patients’ Rights” is available in the outpatient clinic on noticeboards in individual wards. 47 48  § 123 of the Report CPT/(2011)/20.  Dz. U. of 2002, No 55, item 409, as amended. 35