Report of the Polish Commissioner for Human Rights on the Activities of the National Mechanism for the Prevention ...
that the detainee should have a medical examination. As a result, medical
assistance was provided to the detainee and further action was taken by the
Inspection Division of the Military Police.
Notably, judges themselves have doubts as to the correctness of the principle that police officers are not required to have all intoxicated detainees examined by a doctor. The president of the District Court in Toruń, in his letter
to the CHR of 4 January 2017133, referred to the position of a penitentiary
judge visiting the PDRs, and appealed for getting interested in the problem.
He pointed out, inter alia, that it is difficult to agree with the interpretation of applicable legislation by the police, according to which, for example,
a person intoxicated with alcohol and lying on a street, offends the public but
also poses a risk to his or other person’s life or health, but a drunk driver is
not covered by the provision and does not have to be examined prior to being
admitted to an PDR.
In the penitentiary judge’s opinion, included in the report on the visit134
and forwarded to the CHR together with the above-mentioned letter, the
regulation on medical examinations of persons detained by the police raises
doubts as it fails to regulate the issue of medical examinations of adults intoxicated with alcohol. The judge rightly points out that Article 1(3)(2)(e) of
the regulation provides for compulsory medical examinations of detained
minors who have been drinking alcohol, which means they do not have to be
intoxicated with alcohol to have to be examined.
The NMPT fully shares the judge’s opinion and notes that at the final
stage of the drafting the regulation the Minister of the Interior and Administration, in his letter of 6 June 2012, indicated that the legislator intended
to introduce compulsory medical examinations of all minor detainees who
have been drinking alcohol, regardless of its concentration level in the body.
It should be remembered that minor detainees are, in most cases, placed
in police emergency centres for children where no medical care is available
on-site. Therefore, it is for the good and safety of minors to adopt a solution
which requires conducting a medical examination of any minor detainee
who has been drinking alcohol135. In the NMPT’s opinion, the same argu Ref. no. VII W-436-4/16.
Report on an inspection carried out by a District Court judge on 21 March 2016 in a room for detained persons or intoxicated persons to sober up, located within the District Police Headquarters in
Brodnica (ref. no. VII-436-4/16).
135
The draft regulation is available on the Public Information Bulletin (BIP) page of the website of the
MIA, under the tab Draft legislation.
133
134
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