conditions in the facilities, is required only in the case of social care homes for persons with mental illness or mental retardation. Residents with mental disorders whose well-being should be of concern to a public court, however, may also stay in other types of care homes. In practice therefore, due to the nature of the quoted provision, there can be care homes not supervised by a court although they have some mentally ill residents. This puts some residents of social care homes in a more disadvantaged position. It allows, namely, for unverified deprivation of liberty for an undetermined period of time of mentally ill individuals who reside in other types of care homes. It also ignores the necessity to guarantee to every person his/ her personal freedom and the possibility to seek, through a visiting judge, the verification of the person’s situation. 24-hour care facilities In 2018 the representatives of the National Mechanism for the Prevention of Torture visited 6 24-hour care facilities73. One of the facilities was re- inspected74. The representatives of the NMPT were also going to conduct an inspection of the “Pogodna Przystań” Care Facility in Stara Wieś near Warsaw. After the initiation of the inspection procedure, however, they established that the establishment is not present under the address mentioned in the register maintained by the province governor. The said address is now occupied by the Agnieszka Kaczyńska Family Care Facility. The NMPT shared relevant information pertaining to that case with the Social Policy Department of the Mazowieckie Province Office in Warsaw with a request to clarify that situation and conduct an inspection of the indicated facility. Pensjonat Dla Osób Starszych „Opieka” in Alwernia (KMP.573.11.2018); Dom Opieki “Senior” in Kraków (KMP.573.12.2018); Dom Pielęgnacyjno-Opiekuńczy Dworek in Józefów near Legionowo (KMP.573.15.2018); Dom Seniora “Przystań” w Ścinawa (BPW.573.1.2018); „Domek z Sercem” in Radwanice (KMP.573.16.2018); Dom Opieki “Florans” in Stare Babice (KMP.573.18.2017). 74 The control results are presented in the chapter on reinspections. 73 48 PART III - situation in places of detention