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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