Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2013
for detained persons or persons brought to sober up,173 which stipulates that the
director of the establishment organises service in such a way that there is always
a Police officer in a PDR, have not been amended.
The findings of the visiting teams confirmed that also in 2013 one police officer was on duty at each PDR and he/she was, at the same time, a deputy for the
duty officer at the Police headquarters and has to perform certain duties ordered
by the latter. It is physically impossible for one Police officer to ensure safety and
control in a PDR.
4.3. Good practices
Similar to 2012, also in 2013 a good practice applied in certain PDRs was to
perform medical examination of all detained persons, regardless of the grounds
for their detention. This is all the more important, as indicated at the beginning of
this chapter, because regulations do not impose such an obligation.174
4.4. Areas requiring improvement
4.4.1. Legality of detention
One of the most important issues analysed by the employees of the National
Preventive Mechanism is the legality of detention. In order to determine whether
the activities are carried out in line with the law, the analysis covers the documentation related to deprivation of liberty, e.g. protocols of detention, admission/
release orders, duty log books. The analysis of those materials revealed a number
of irregularities. In one of the detention rooms175, only some protocols were accompanied by photocopies of the prosecutor’s request to court to use this preventive measure. The irregularities found in other units included the lack of transfer
and release order for the detained person176, no time provided on the admission
order for the detained person.177 Despite those deficiencies, the duration of stay of
persons deprived of their liberty could be established based on other documents
drawn up in the detention rooms, but the NPM representatives in each of the
above cases recommended keeping reliable documentation related to the stay of
detained persons or persons brought to detention rooms.
Official Journal of the National Police Headquarters of 2012, item 42.
PDRs in: Kolbuszowa, Lubliniec, Puck, Wałcz.
175
PDR in Nowa Sól.
176
PDRs in: Golub-Dobrzyń, Kościan.
177
PDR in Węgorzewo.
173
174
57
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