Report of the Polish Commissioner for Human Rights on the Activities of the National Mechanism for the Prevention ...
cated persons who should be detained by the police due to committed
offences;
• no interest on the side of local governments to run specialized facilities
with professional medical staff and adequate equipment, to care of and
support people in starting alcohol addiction treatment.
In conclusion, 2016 was another year in which the systematic problem
of shifting the responsibility for care of persons intoxicated with alcohol
onto the police. Therefore, there is still the need to develop a solution to this
problem jointly by the Minister of the Interior and Administration and the
Minister of Health.
3. No requirement for medical examinations for persons
intoxicated with alcohol and detained as suspected
of committing an offence
Medical examinations of persons admitted to PDRs are carried out only
for detainees referred to in Article 1(3) of the Regulation of the Minister
of the Interior of 13 September 2012 on medical examinations of persons
detained by the police (hereinafter referred to as the regulation)120. Persons
intoxicated with alcohol and detained as suspected of offence are not subject
to medical examinations.
The current legislation on medical examination of persons detained by
the police fails to comply with the constitutional principle of equality before
the law, which assumes that citizens in a similar situation should be treated
in a similar way by entities who take decisions in their cases. It is difficult to
understand why health of a person intoxicated with alcohol and detained
for the purpose of sobering up is protected under higher standards than
health of detainees suspected of committing an offence. The current legislation clearly provides for different treatment of persons in terms of covering
them by medical examinations.
In the context of equality before the law it should be emphasized that
the situation is very different in the case of persons placed in PDRs located
within organizational units of Military Police. Every person detained in a de Dz. U. of 2012, item 1102; Article 1(3) of the Regulation: Medical examinations shall be conducted
for detainees who: 1) claim they suffer from a condition which requires permanent or periodic treatment
whose discontinuation would put their lives or health at risk, and demand a medical examination or have
a visible physical injury indicating an immediate risk to health; 2) according to the information gathered
by the police during the detention process are: a) pregnant, b) breastfeeding, c) suffering of an infectious
disease, d) have mental disorders, e) are minors and are intoxicated by alcohol or other substance with
similar effects.
120
46
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