Part I Unfortunately, the analysis of final judgments handed down in the period 2008–2015 with regard to police officers who committed the offence provided for under Article 246 of the Penal Code131, made by the NMPT employee inter alia with regard to medical examinations of detained persons prior to their admission to PDRs indicates that the provisions of the current regulation are not always applied132. Irregularities disclosed in this area included failure to provide medical assistance to beaten persons detained, and failure to conduct medical examinations of persons with visible injuries. The District Court in Bolesławiec in the case no. II K 149/10 concluded that persons detained by the police in connection with urinating in public places, who were beaten up by the policemen who detained them, were not provided medical assistance. In the case no. II K 16/10, the District Court in Olsztyn determined that the detainees were not examined by a  doctor before they were admitted to the PDRs and the Police Emergency Centre for Children. For each detainee, the PDRs’ logbook included an entry: in good health, does not demand a medical examination; and the Emergency Centre for Children’s logbook: reports a good health condition, no injuries identified. In the reasoning of its judgment, the court pointed out that the victims could have no visible injuries, particularly in the case of X who was hit on the back of the neck with an open hand by defendant X. Victim Y’s injuries, in turn, could have been ignored even if they were visible. It is highly likely that victim X, as he stated, was not screened for the presence of injuries at all, as the behaviour of defendant Y and the police officer (who admitted the victim to the PDR) showed they knew each other well. They did not check if the victim had been beaten; it was only about searching him (c. 497). Victim X did not report injuries because he was hungry, tired and sleepy (c. 498). Such behaviour is understandable. The District Court in Wrocław-Śródmieście, in its judgment in the case no. VK 1561/06, pointed out that the detainee, although he looked beaten and was limping, and despite telling the police officers he had been beaten, was not examined by a doctor prior to admission to the PDR. After the symptoms got more severe on the following day, the provost reacted and ordered 131 Article 246 of the Penal Code: A public officer or any other person acting under his orders, who uses force, unlawful threat, or otherwise torments another person, either physically or psychologically, for the purpose of obtaining specific testimony, explanations, information or a statement shall be subject to the penalty of deprivation of liberty for a period from 1 to 10 years. 132 More information on the issue is available from the CHR’s general intervention of 18.04.2017 to the Minister of Justice, ref. no. KMP.570.3.2017. 49

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