The national law, which was applicable in practice, failed to provide detainees with an effective appeal measure allowing them to challenge the decision concerning the performance of a body search. Given the lack of such an effective appeal measure, it is difficult to ensure, at the national level, the obligation to sufficiently justify body searches or searches with undressing103. Failure to adapt prison facilities to the needs of persons with physical disabilities NMPT will soon present a thematic report on the matter The NMPT has drawn up a thematic report assessing penitentiary establishments’ adaptation to the needs of persons with physical and sensory disabilities. The findings of the thematic monitoring leave no doubt that the process of eliminating architectural barriers and introducing other solutions serving the needs of prisoners with disabilities, still constitutes a challenge for the penitentiary establishments in Poland. As mentioned at the beginning of this chapter, two visits performed by the NMPT were, in fact, re-inspections during which the mechanism’s representatives verified the implementation level of their recommendations issued as a result of the previous visits in the PTDC in Lublin and the prison in Bydgoszcz - Fordon. It is worth mentioning that both establishments were designated as places for serving punishments by prisoners in wheelchairs. Despite the unquestionable progress observed by the inspectors with respect to the improvement of the conditions of serving the sentence by persons with physical and sensory disabilities in those institutions, there are still areas to be improved in order to more strongly guarantee the protection of the rights of this group of prisoners. Judgement in the case Milka v. Poland of 15 September 2015, application no. 14322/12, Art. 30 and 48. 103 Report of the Commissioner for Human Rights on the activities of the National Mechanism for the Prevention of Torture in Poland in 2018 63

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