Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2013 of an officer during the provision of health care services to persons deprived of liberty recorded only in 4 out of 29 visited penitentiary units.66 The CPT also expressed its doubts concerning the issue. The Committee acknowledged that special security measures may be required during medical examinations in a particular case. 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 each case of a security threat. The steps should be taken to bring practice in line with the above considerations. If necessary, the law should be amended accordingly.67 In her motion addressed to the Constitutional Tribunal on 18 October 201068, the Human Rights Defender requested to declare Article 115 § 7 of the Executive Penal Code to be incompliant with Article 47 in conjunction with Article 31(3) of the Polish Constitution. In its judgment of 26 February 2014 (file No K 22/10), the Tribunal agreed with the reservations of the Defender ruling that the first sentence of Article 115 § 7, insofar as it requires the presence of a non-medical officer during the provision of health care service: a. also to persons deprived of liberty with respect to whom it is unnecessary; b. and does not stipulate the grounds for withdrawal of this requirement; is incompliant with Article 47 in conjunction with Article 31(3) of the Constitution of the Republic of Poland. The said provision will cease to be applicable after the period of 12 months from the date of judgement publication in the Journal of Laws of the Republic of Poland. 2.3.3. Disciplinary procedure The employees of the National Preventive Mechanism found only several cases where the persons using disciplinary measures failed to inform the inmates about the possibility to appeal against their decisions.69 The frequency of using disciplinary measures by prison authorities and the proportion of those measures to rewards did not raise any doubts. Pre-Trial Detention Centre in Bytom, Pre-Trial Detention Centre in Chojnice, Prison in Krzywaniec, Prison in Nysa 67 Cf. § 123 CPT/(2011)20. 68 RPO-637905-VII-10/MC. 69 Prison in Goleniów. 66 36