Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2013
In one of the visited stations199, the coercive measure in the form of restraining the patient with straps was used in the general room where other patient could
be accommodated with respect to whom such measures were not used, although
the station had a separate isolation room. In the opinion of the representatives of
the NPM, such practice should be abandoned, since the immobilised person may
be exposed to aggression of the other patient which makes his situation even more
uncomfortable.
5.3.3. Right of access to information
During their visits, the representatives of the NPM analyse how the patients
of the visited establishments can exercise their right of access to information. It
is beyond any doubt that the access to information allows patients of soberingup stations to exercise their rights and react when those rights are violated. The
employees of the Mechanism also emphasize that, pursuant to the UN General
Assembly Resolution of 9 December 1988 (Body of Principles for the Protection
of All Persons under any Form of Detention or Imprisonment), any person shall, at
the moment of arrest and at the commencement of detention or imprisonment, or
promptly thereafter, be provided by the authority responsible for his arrest, detention or imprisonment, respectively, with information on and an explanation of his
rights and how to avail himself of such rights (Principle 13).
Informing the patients of sobering-up stations about their right to complain
to the district court competent for the place where the station is located, pursuant
to Article 40(6) of the Act on upbringing in sobriety200, is of particular importance
from the point of view of their right of access to information. Failure to inform the
patients of a sobering-up station about the right to complain is each time a cause
for alarm for the representatives of the NPM who issue a recommendation to place
the relevant information in a place available to all201.
5.3.4. Right to health care
Medical examination in conditions that do not ensure intimacy is an irregularity found during the visits to sobering-up stations which particularly infringes
the rights of patients and also breaches the right to medical confidentiality. There
are cases when medical examination takes place in the building’s hall with
Sobering-up Station in Koszalin.
Before the amendment (Act of 3 January 2013 amending the Act on upbringing in sobriety and
counteracting alcoholism), the matter was regulated in Article 40(3a).
201
Sobering-up Station in Koszalin, Sobering-up Station in Bytom.
199
200
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