Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2013 5.2.2. L egislative amendments to the Act on upbringing in sobriety and counteracting alcoholism After examining the motion of the Human Rights Defender of 29 March 2011195, the Constitutional Tribunal ruled, in its judgment of 3 April 2012196 that Article 42(6) of the Act on upbringing in sobriety and of the Ordinance197 were incompliant with Article 92(1) of the Polish Constitution. As a result, the provisions incompliant with the Polish Constitution ceased to be applicable after the period of 9 months from the date of judgement publication in the Journal of Laws of the Republic of Poland, i.e. on 16 January 2013. CCTV surveillance in sobering-up stations raises numerous concerns of the representatives of the NPM. The amended Act introduces a provision imposing an obligation to install a system allowing to monitor the persons, thus fulfilling the constitutional requirement to regulate restrictions on rights and freedoms in a statutory legal act. However, the regulation is unsatisfactory from the point of view of human rights protection. During the visits, the representatives of the National Preventive Mechanism often see the CCTV surveillance systems installed in the places which by definition should guarantee intimacy to the persons staying in the stations, such as dressing rooms or bathrooms. 5.3. Areas requiring improvement 5.3.1. Treatment All visited stations198 charged a fee for the stay which raised the reservations of the representatives of the National Preventive Mechanism. 5.3.2. Use of coercive measures During their visits to sobering-up stations, the representatives of the NPM pay particular attention to the use of coercive measures. Therefore, they each time thoroughly analyse the documentation on the use of coercive measures, watch random CCTV recordings and take other actions aimed at identifying the procedure of using coercive measures. RPO-571581-II-11/ST, http://www.sprawy-generalne.brpo.gov.pl/pdf/2007/10/571581/1556153.pdf. File No K 12/11. 197 Ordinance of the Minister of Health of 4 February 2004 on the methods of escorting, admission and discharging intoxicated individuals and on organisation of sobering-up stations centres and other establishments established or designated by a local government unit (Dz. U. No 20, item 192, as amended; hereinafter: Ordinance of the Minister of Health of 4 February 2004). 198 Sobering-up Station in Poznań, Sobering-up Station in Bytom, Sobering-up Station in Koszalin, Sobering-up Station in Legnica. 195 196 62