Part I
spoke alone with his wife, who felt so bad she was lying in the room crying. At
the couple’s request, the expert examined their medical documentation.
Analysis of the documents revealed that when the family were taken into
custody, the Border Guard doctor in Gdańsk did not sign under “no counterindications to detaining and escorting” the pregnant woman, but merely referred her to Kętrzyn. This decision, however, was not taken into consideration by the court as grounds for not placing the woman in a CDC. The family’s documentation also lacked entries concerning psychological evaluations.
Neither the man’s problems with excitability nor the woman’s depressive behaviour appeared to attract the attention of medical staff. During the NMPT
inspection visit, the Centre’s personnel did not plan to release the aliens due
to their poor health or circumstances indicating that they had been victims of
violence in their country of origin. In the NMPT’s opinion, the family should
be released from detention pursuant to Article 406(1)(2) of the A.o.A.
8.2. R
ooms for detained persons or intoxicated persons
to sober up (PDRs)
During an inspection of the PDR in Płońsk, a citizen of Georgia informed
inspectors that he had not been presented the reasons for his detention nor was
he provided an opportunity to contact a lawyer or inform his family of his detention, despite his requests. According to the protocol of detainment, the alien was
detained by Border Guard officers stationed in Warszawa-Modlin on 5 July 2016.
Even though the documentation does not indicate it was drawn up in the presence of a translator, BG officers wrote in the protocol of detainment that the detainee was informed of his rights and declared that he did not demand to inform
a family member or to contact a lawyer or legal counsellor in connection with his
detention. Yet the protocol contains a statement by the detainee in which he refused to sign any document without a translator present. Accordingly, he signed
neither the protocol of detainment nor the notice informing him of his rights.
The man did not speak Polish, and spoke English only to a very limited degree.
During his stay in the PDR, the detainee was not provided any means of communicating about matters relating to his stay in the PDR with the help of a translator,
contrary to Article 1(2) of the Rules and Regulations of the facility.
Considering the information presented above and the absence in the PDR of
a translation of the facility’s Rules and Regulations into Georgian, the NMPT visiting team found it suspicious that the detainee had signed a statement confirming
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