Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2013
During the meeting, the representatives of individual Departments provided information about the observance of human rights in individual types of places of
detention in Poland.
8. Thematic report
Numerous irregularities in the functioning of sobering-up stations found
by the representatives of the National Preventive Mechanism, supported by an
in-depth analysis of the existing legal regulations concerning the stations, were
presented in the Report of the Human Rights Defender from visits of the National
Preventive Mechanism to sobering-up stations.18 In order to improve the situation
described in the Report, the NPM employees recommended:
1. introducing a uniform system of care for intoxicated persons in the entire
country;
2. introducing legislative changes to the legislation in force to eliminate the
infringement of Article 92(1) of the Constitution;
3. stipulating the provisions restricting rights and freedoms in a statutory
act;
4. precise formulation of the grounds for placing a person in a sobering-up
station;
5. legislative work to ensure that legal regulations on the use of coercive
measures in sobering-up stations are unambiguous;
6. regulating the use of CCTV surveillance in sobering-up stations in an act;
7. granting a special importance to the right to information;
8. eliminating situations conducive to infringement of the right of intimacy
of persons placed in sobering-up stations.
9. Assessment of legal acts
The obligation to issue opinions about legal acts, both applicable legal acts
and drafted legislation, by the entity acting as a national preventive mechanism
stems from Article 19(c) of the OPCAT.
In 2013, the representatives of the NPM received 5 draft legal acts for assessment. No reservations were voiced in 2 cases and comments presented in 3 cases.
See: http://www.rpo.gov.pl/pl/content/raport-rzecznik-praw-obywatelskich-z-wizytacji-w-izbachwytrze%C5%BAwie%C5%84-przeprowadzonych-przez-0
18
17
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