Report of the Polish Commissioner for Human Rights on the Activities of the National Mechanism for the Prevention ...
introduced gradually, taking into account the Ministry’s legislative priorities
relating primarily to the need to ensure: solutions necessary for the security
of the state; optimal conditions of service for police officers, and implementation of the Constitutional Tribunal’s judgments.
In his reply of 12 December 2016 to the CHR’s report on the activities of
the NMPT in 2015166, the Secretary of State in the MIA noted that the issue
of constitutionality of the current regulations on body search is examined in
the proceeding no. K 17/14 conducted by the Constitutional Tribunal on the
CHR’s application. The MIA, without waiting for the Tribunal’s judgment,
ordered the National Police Headquarters to initiate internal consultations
to develop comprehensive solutions in this area, to be introduced at the level
of a parliamentary act. However, the final directions of the legislative initiative will depend on the CT’s judgment.
The progress of work on the above mentioned regulations is monitored
by the NMPT.
8. PDR’s adjustment to the needs of persons with disabilities
The issue of ensuring appropriate conditions to persons with disabilities,
admitted to PDRs, still remains unsolved.
The issue of adjusting the detention rooms to the needs of persons with
disabilities was one of the subjects of the NMPT’s meeting with representatives of the National Police Headquarters, held on 13 October 2014. In the
meeting, it was agreed that detention rooms which meet the standards required for persons with disabilities will be indicated, and that persons who
require special conditions will be transported to those rooms.
Deputy CHR, in his intervention167 of 24 July 2015 to Commander-inChief of the Police, inquired about the expected date of the full adjustment of
the rooms indicated by the Police as meeting the needs of persons with disabilities. According to his response of 17 August 2015168, the Deputy Commander-in-Chief of the Police, on 10 August 2015, instructed Voivodeship
Police Commanders and Warsaw Municipal Police Commander to gradually
adjust the rooms for detained persons so that in each Voivodeship there is
least one PDR adjusted to the needs of persons with physical disabilities and
wheelchairs users.
Reply of the Secretary of State in the MIA of 19.12.2016 to the CHR’s report on the activities of the
NPM in 2015, ref. no. DPP-OP-0790-14/2016/PW.
167
CHR’s general intervention of 24.07.2015 to Commander-in-Chief of the Police, ref. no. KMP.570.1.2014.
168
Reply of the Deputy Commander-in-Chief of the Police of 17.08.2015, ref. no. EK-5363/15.
166
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