Report of the HRD on the activities of the National Preventive Mechanism in Poland in 2011
opinion of the National Preventive Mechanism, due to a significant emotional charge of
such information, a possibility of a detained to personally notify a third person should
be considered first, and only in exceptional cases this right of the detained should be
executed by a Police officer. Similar opinion was expressed by the UN in a Resolution of
the General Assembly of the UN No 43/173 of 9 December 1988 on the Body of Principles
for the Protection of All Persons under any Form of Detention or Imprisonment: Promptly
after arrest and after each transfer from one place of detention or imprisonment to another, a
detained or imprisoned person shall be entitled to notify or to require the competent authority
to notify members of his family or other appropriate persons of his choice of his arrest, detention or imprisonment or of the transfer and of the place where he is kept in custody99.
It is worth stressing that despite the lack of clear regulation concerning the possibility for a detained person to personally inform person close to him/her about detention
and stay in a PDR, in 4 visited establishments100 the representatives of the Mechanism
observed this praiseworthy practice. In the remaining units, this right was executed by Police officers. The National Preventive Mechanism believes, moreover, that every detained
person who asked Police officers to execute this right for him/her should receive feedback
(whether the indicated third person was informed, what was the reaction). One of the
detainees interviewed by the NPM’s representatives in Poznań-Stare Miasto PDR received
no feedback from the officers about the effect of notifying the indicated third person (an
analogous case was revealed by the Mechanism in Warszawa VI PDR). A detainee staying
in Gorzów Wielkopolski PDR during the visit, informed the NPM that his request to notify
a third person about his detention was not fulfilled.
Following the visit, the National Preventive Mechanism recommended to:
• Ensure that the right of a detainee to personally notify a third person about his/
her detention is observed, and limit the agency of Police officers to exceptional
situations;
• Unconditionally comply with the obligation of Police officers on duty in PDRs to
execute the said right;
• Provide feedback about the realisation of this right by Police officers to those detained who request it.
e) PDR staff
While supporting all possible forms of professional training of officers, the Mechanism
examines in all cases if PDR staff has an opportunity to gain and develop skills which are
necessary to fulfil their duties in PDRs. Representatives of the Mechanism recommend
regular updating of knowledge in the areas described above. Attention should be drawn
See: Rule 16.1 of the Resolution of UN General Assembly No 43.173 of 9 December 1988.
PDRs: Bydgoszcz, Drawsko Pomorskie, Chojnice, Ustrzyki Dolne (only the persons brought to sober up).
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