Part I
procedures used for image recordings of those facilities159 (hereinafter referred to as the PDR and PERC regulation), is understood by police officers
as body search160.
Article 5(2) of Annex 1 to the PDR and PERC regulation provides that
a person admitted to and placed in the facility shall undergo a detailed security search in order to detect items referred to in Article 1(2). The search of
the person and of clothes on him/her shall respect his/her intimacy and shall,
whenever possible, be conducted by a person of the same sex.
The words “clothes on him/her”, used in the regulation, indicate that
a police officer may conduct the security search without instructing the
detainee to get undressed down to his/her underwear or take all clothes
off. The need to ensure security to all detainees and police officers in the
PDR is understandable, but such a far-reaching interference with people’s
right to privacy may not take place without an appropriate legal regulation consistent with Article 31(3) of the Constitution of the Republic of
Poland161.
The CHR, on 10 July 2015, submitted an intervention regarding the urgent
need to regulate the issue of body search by way of a parliamentary act162. In
his reply of 12 August 2015163 the undersecretary of State in the MIA informed
that work was ongoing on drafting the objectives of the new Act on the Police,
which will regulate, inter alia, the issue of body search in the act.
Having waited for the results of the works for nearly one year, the CHR,
on 19 July 2016 164, submitted another intervention with regard to the issue.
In his reply of 11August 2016165 the Minister of the Interior and Administration explained that the formula of drafting the Act on the Police was
changed. As a result, the work carried out so far on drafting the objectives
of the Act will now be replaced with drafting its specific provisions. He also
pointed out that the planned amendments to the Act on the Police would be
Dz. U. of 2012, item 638, as amended.
PDRs in Aleksandrów Kujawski and Busko Zdrój.
161
Dz. U. of 1997, no. 78, item 483; Article 31(3) Any limitation upon the exercise of constitutional freedoms and rights may be imposed only by a parliamentary act, and only when necessary in a democratic
state for the protection of its security or public order, or to protect the natural environment, health or
public morals, or the freedoms and rights of other persons. Such limitations shall not violate the essence of
freedoms and rights.
162
CHR’s general intervention of 10.07.2015 to the MIA, ref. no. KMP.570.36.2014.
163
Reply of the Undersecretary of State in the Ministry of the Interior of 12.08.2015, ref. no. BMP-07906-2/2015/MJ.
164
CHR’s general intervention of 19.07.2016 to the MIA, ref. no. KMP.570.36.2014.
165
Reply of the Secretary of State in the MIA of 11.08.2016, ref. no. BMP-0790-4-10/2016/MJ.
159
160
57
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