the regulation59. That regulation, additionally, fails to indicate persons authorized
to perform body searches, premises for their performance as well as the means
of appeal against decisions in that regard.
Body searches performed in juvenile detention centres and juvenile
shelters should be regulated in the act.
What still remains to be solved is the problem of an effective mechanism for
lodging complaints by juveniles. That issue was discussed in the NMPT’s report
for 2015.60
Detention of migrant foreigners
In 2018 the National Mechanism for the Prevention of Torture conducted
inspection visits to
3 Closed Detention Centres for Migrants61 and 3 Rooms
for Detained Persons of the Border Guard62.
Systemic problems
Failure to effectively identify torture victims
In Poland, there is still no effective system of identifying foreign citizens who
have been victims of torture and violence.
Even though there is an internal Border Guard algorithm in place in centres for migrants, which specifies the “Rules of proceeding with foreigners requiring special treatment by the Border Guard”, in the opinion
of the NMPT, it is incompliant with Polish law, the Istanbul Protocol as
The discussion concerns the regulation of the Minister of Justice of 17 October 2001 on juvenile detention centres and juvenile shelters (consolidated text: Dz. U. of 2017, item 487).
60
Cf. Report of the Commissioner for Human Rights concerning the activities of the National
Mechanism for the Prevention of Torture in Poland in 2015, p. 37.
61
CDC in Lesznowola (KMP.572.2.2018), CDC in Biała Podlaska (KMP.572.3.2018), CDC in
Białymstok (KMP.572.4.2018).
62
RDP of the BG in Janów Podlaski (KMP.570.9.2018), RDP of the BG in Terespol
(KMP.570.11.2018), RDP of the BG in Bohukały (KMP.570.10.2018).
59
40
PART III - situation in places of detention
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