Pa r t i I .
statute. The obligation in question stems from Article 31(3) of the Constitution of
the Republic of Poland, as medical examination interferes with personal inviolability and privacy. The legislator must therefore decide (if it is considered necessary)
to what extent the said rights are limited in the context of medical examination of
persons detained by the officers of the Border Guard.
3. Storage of CCTV recordings
The representatives of the NPM believe that current regulations on video
surveillance of BDDRs are far from being satisfactory (§ 7 of the Ordinance of 20
June 2011), because they do not set forth any procedure for storing and destroying
CCTV recordings from BGDRs, making them available to authorised parties and any
conditions to properly protect the footage from loss, distortion or unauthorised
disclosure. In this respect, it seems necessary to take legislative measures.
5.3. Good practices
A wide offer of internal training.
Each time, the visitors verify a training offer addressed to DGDR officers,
since training is one of the basic measures to prevent ill-treatment.
5.4. Areas requiring improvement
1. Treatment
The representatives of the NPM assessed that persons placed in the centres
visited were treated well.
In one of the institutions123, detained men were checked in the centre’s monitored duty office whether they did not carry any prohibited items. The representatives of the NPM were played back a recording of admission of a detained
man which revealed that the person checked had been visible only from the waist
up, but the duty room’s door had been open at this time, thus enabling officers
passing down the centre’s hallway to see the detainee undergoing the procedure.
Moreover, the detained person is not aware that the lower part of the room is
not monitored. He sees only that the duty office is equipped with a camera. In the
opinion of the representatives of the Mechanism, all detained persons should be
checked in a room that provides them with more intimacy.
2. Personnel
In relation to most establishments (except for those mentioned in good
practices), the visitors voiced reservations about the scope of training of officers
BGDR in Gdańsk.
123
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