Report of the HRD on the activities of the National Preventive Mechanism in Poland in 2011 brought to sober up – which constitutes an Annex to the Ordinance of the Minister of the Interior and Administration of 13 October 2008, mentioned above. In the amended Ordinance of MoIA of 11 May 2011 on detailed conditions of using tobacco products in the premises and in the means of transport by persons subordinate to the minister competent for internal affairs111, the legislator has introduced, on the basis of the Act of 8 April 2010 on amending the Act on protecting health against the consequences of using tobacco and tobacco products and of the Act on State Sanitary Inspection112, the possibility for employees of Police units to smoke tobacco products only in dedicated rooms meeting the conditions of a smoking room provided for in the Act of 8 April 2010 on amending the Act on protecting health against the consequences of using tobacco and tobacco products (§3(1) of the Ordinance). As regards detained persons staying in PDRs, the legislator confirmed the binding power of the right to smoke tobacco, resulting from the Rules of procedure mentioned above, and allowed for its realisation in designated rooms for detainees, on condition of good ventilation. In the opinion of the NPM, the regulation included in the analysed Ordinance and referring directly to detained persons is consistent with the provision in Article §(9) of the Rules of procedure. The National Preventive Mechanism is therefore of the opinion that the amendment of the Ordinance does not result in the prohibition to use tobacco products by detained persons staying in PDRs. As a consequence, the Mechanism believes that in the context of the provisions in force, smoking bans for detainees introduced in some of the visited PDRs (Sławno, Kętrzyn, Bydgoszcz) are groundless. The managements of PDRs, where the NPM recommended to provide special areas for smoking, shared the NPM’s arguments, and informed that such areas have been designated or that actions have been undertaken to obtain funds necessary to establish smoking rooms. In their answers the Commanders of Police units where the NPM revealed during its visits the existence of a smoking ban for the detainees have promised to designate special areas for smoking rooms as soon as fund for a refurbishment (Bydgoszcz) or for expansion (Sławno) are obtained). Following the visits, the National Preventive Mechanism recommended to: • Make general refurbishments; • Provide the lacking accommodation equipment; • Provide all persons detained and placed in PDRs with sleeping sets; • Provide conditions ensuring intimacy of detained persons when they use toilets and showers; • Equip toilets for detainees with soaps and paper towels; • Designate a place where detainees could use tobacco products.  Dz. U. of 2011 r. No 97 item 564.  Dz. U. of 2010 r. No 81, item 529. 111 112 64