Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2014
on duty in BGDRs124. The representatives of the NPM are of the opinion that officers appointed to serve in the centre should be trained how to work with difficult
persons without hurting them, how to provide first aid to persons in various physical or mental states, how to deal with stress and aggression, as well as update
knowledge and improve skills in these areas. As the CPT125 states in its documents,
there is no better guarantee against ill-treatment of a person deprived of his/her liberty,
than a properly trained officer.
3. Right to medical care
An area for improvement in relation to compliance with the said right is
documentation of medical services provided to persons placed in BGDRs. The irregularities identified involved: using forms incompatible with the specimen set out
in the Ordinance of 27 June 2002126, no log book of medical appointments127, a log
book of medical appointments including only information on detainees’ examination before admission to the centre128.
Although applicable national provisions on functioning of the rooms for detained persons do not provide for such an obligation, the representatives of the
National Preventive Mechanism are of the opinion that everyone, before being placed in the centre, should be subject to examination, as this would allow for diagnosing any medical contraindications to placing in the centre. Moreover, the possibility to identify any bodily injuries and their detailed description in medical records
protect Border Guard officers on duty in BGDRs from any ill-treatment charges.
4. Right to information
During the visits to BGDRs, the visitors always verify whether an establishment ensures an interpreter during administrative procedures. Activities involving
a detainee must be carried out in the presence of the interpreter, unless the detainee declares that he/she understands Polish. This information should be included
in a protocol of detention. The representatives of the NPM also believe that foreigners who do not speak Polish should have all documents that they are required
to sign interpreted into a language they understand or, if possible, drawn up in
their language, signed by them and then translated into Polish.
Having analysed protocols of detention and depositary receipts, it can be
BGDRs in: Białystok, Bobrowniki, Hrubieszów, Michałowo.
Cf. Fragment of the Second General Report [CPT/Inf (92) 3] on training of law enforcement
officers.
126
BGDR in Białystok.
127
BGDR in Gdańsk.
128
BGDR in Hrubieszów.
124
125
44
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