Pa r t i I .
curring cases of illegitimate use of coercive measures. The recommendation to
strictly observe provisions on the use of coercive measures had to be reiterated.
The recommendation not to force wearing replacement clothing was also not complied with. Therefore, the recommendation was reiterated. It should be noted that,
by virtue of § 10 of the Ordinance of the Minister of Health of 4 February 2004 on
the methods of escorting, accepting and discharging inebriated individuals and on
organisation of sobering-up stations and other establishments created or indicated by a local government unit, persons admitted to a station or an establishment
can be given replacement clothing for their stay. Therefore, no provision allows for
forcing anyone admitted to the station to change his/her clothes.
The representatives of the NPM also expressed their doubts with regard to
checking the condition of patients in the station, which often involved only looking
into the room through the window in the door.
Due to activities undertaken in the course of follow-up visits, the representatives of the NPM often identify irregularities that did not occur in an establishment during the first visit. In response to the spotted shortcomings, new recommendations
are made. It was found necessary to recommend that ill-treatment of patients by
personnel, i.e. admission activities carried out with excessive physical force, be eliminated and proper intimacy be ensured during medical examination as well as when
patients change their clothes, wash themselves and satisfy their physiological needs.
Failure to subject newly admitted persons to a breathalyser test is a new
problem which the representatives of the NPM have never had to deal with before.
In one of the stations, only nine out of 116 admitted persons were tested. The level
of alcohol intoxication may indicate that life or health of those brought is in imminent danger and may provide a basis for refusing their admission to the station
and referring them to a health care establishment, thus it is important to have as
many patients as possible tested with a breathalyser.
2. Right to information
During the visits, it was recommended – as regards the right to information
– that persons brought to sober up be properly informed of the station’s rules, their rights and obligations and the list of institutions protecting human rights. These
recommendations were implemented, although not in all the stations.
The representatives of the NPM stress how important it is to comply with
the right to information. Full transparency of both procedures and data relating to
the rights of persons brought to sober up and the fact that they are entitled to file
a complaint if any of their rights is breached in the establishment are one of the
conditions for proper treatment.
65
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