Pa r t i I . 8. Psychiatric hospitals 8.1. Introduction In 2014, the representatives of the NPM visited five psychiatric hospitals195. Their operations were aimed at checking whether rights of persons, who were placed there against their will, were observed. These persons were: •  perpetrators of offenses who are placed in a psychiatric institution (under basic and enhanced security conditions) under the preventive measure referred to in Article 94 § 1 of the Penal Code; •  persons placed in hospitals pursuant to the APMH, i.e. persons admitted without their consent and those who agreed to be admitted to the establishment, but changed their mind during their stay. 8.2. Systemic problems Systemic problems concerning psychiatric hospitals were presented in Reports of 2012-2013196 and they cannot be considered solved. In 2013, these issues were discussed with the Secretary of State of the Ministry of Health, who reiterated in 2014 that the current regulations do not need to be amended and the existing problems are due to personnel’s failure to comply with provisions197. Disagreeing with this position in relation to, among others, the Minister of Health’s delegation of a  power to define provisions of organisational and order regulations for psychiatric institutions on providing directors of health care institutions with basic security, performance of personal searches under the Ordinance198 Psychiatry Centre in Katowice [hereinafter referred to as the “Hospital in Katowice”], Dr Stanisław Deresz Independent Public Psychiatric Health Care Institution in Choroszcz [hereinafter referred to as the “Hospital in Choroszcz”], Voivodeship Neurological and Psychiatric Hospital in Bolesławiec [hereinafter referred to as the “Hospital in Bolesławiec”], Independent Public Health Care Institution of the Central Clinical Hospital of the Institute of Dentistry of the Medical University of Lodz [hereinafter referred to as the “Hospital in Łódź”], Prof. Antoni Kępiński Specialised Psychiatric Health Care Centre in Jarosław [hereinafter referred to as the “Hospital in Jarosław”]. 196 Cf. Report of 2012, pp. 92-97 and Report of 2013, pp. 155-162. 197 Cf. Letter of the Undersecretary of State of the Ministry of Health of 28 November 2014 https://www.rpo.gov.pl/sites/default/files/Odpowied%C5%BA%20Podsekretarza%20 Stanu%20w%20Ministerstwie%20Zdrowia%20z%20dnia%2028.11.2014%20r.%20na%20 Raport%20RPO%20z%20dzia%C5%82alno%C5%9Bci%20KMP%20w%202013%20r.pdf 198 Ordinance of the Minister of Health of 10 August 2004 laying down the list of psychiatric and rehabilitation facilities where security measures are to be applied, as well as on the 195 57

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