Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2014
3. Right to medical care
Another area related to medical care and not concerning the already mentioned systemic error, which still requires improvement, is documentation of health care services provided to detainees and persons brought to sober up. Frequent errors identified in log books of medical appointments106 included: lack of the
time and date of examination or a notification whether a detainee can be held in
the centre107. In one of the establishments108, there was a medical certificate with
a doctor’s note saying that there were no contraindications to stay in the centre
and, at the same time, that examination cannot be performed (...). The representatives of the NPM expressed their doubts concerning grounds for issuing the opinion
that the detainee can stay in the centre, as his/her state of health was not checked.
It is important to eliminate the deficiencies identified, as assessing whether
persons deprived of their liberty were provided with proper medical care is possible largely based on medical records. Therefore, its correct and accurate completion is so critical. Despite the fact that the way of keeping documentation depends on an examining doctor, it should be noted that these are police officers
who administrate detainees’ medical records. Consequently, the representatives
of the Mechanism recommend paying attention to the correctness of completing
documentation by persons providing medical services, i.e. specifying the date and
time of examination, providing an accurate description of a PDR detainee’s health
condition. In case of emergency, such a solution would make it possible to precisely specify the time and scope of a provided medical service which is relevant in the
context of any responsibility for a person deprived of his/her liberty.
Another persistent problem identified by the visitors in some visited establishments is the provision of medical services to detained persons or persons
brought to sober up in the presence of a police officer109. On each occasion, the
PDRs in: Kamień Pomorski, Lipsko, Nidzica, Oświęcim, Sucha Beskidzka, Szydłowiec, Złotoryja.
PDRs in: Chrzanów, Namysłów.
108
PDR in Chrzanów.
109
On 15 September 2014 (II.517.4689.2014.ED, http://www.sprawy‑generalne.brpo.gov.pl/
szczegoly.php?pismo=219343), the HRD referred the case to the Minister of the Interior,
pointing out that medical examination is performed in the presence of police officers and
other uniformed services, since conditions for this presence are unregulated by statute,
thus limiting constitutionally protected values, such as privacy and medical confidentiality,
during examination. In the reply of 20 October 2014, the Minister explained that the Ministry of the Interior is working on draft assumptions for the draft Act amending the Police
Act and certain other acts which aim at regulating the issue of performing medical examination of persons detained by the Police in the said Act. The Minister believes that it also
seems advisable to provide the legal system with a solution that would clearly regulate the
106
107
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