Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2014 and restrictions on telephone calls, the Human Rights Defender filed the request of 22 September 2014 with the Constitutional Court199. However, the Undersecretary of State of the Ministry of Justice recognised that amendments are, to some extent, necessary. In 2014, the Undersecretary notified200 the Human Rights Defender of undertaking legislative work to supplement the Executive Penal Code with issues related to passes (if justified by therapeutic reasons or important family reasons) of patients placed in psychiatric hospitals as part of a preventive measure201. 8.3. Areas requiring improvement 1. Legality of stay The representatives of the NPM found shortcomings as regards the legality of stay of patients in the establishments visited, involving hospital documentation lacking judicial decisions which form a legal basis for detention. This applied to two cases: a patient admitted to a psychiatric hospital without his/her consent202 and a person against whom a preventive measure was applied203. 2. Treatment The interviewed patients of the psychiatric hospitals visited in 2014 did not report incidents of ill-treatment on the part of hospital personnel, such as physical composition, appointment procedure and tasks of psychiatric commission for preventive measures (Dz.U. of 2014, item 599), hereinafter referred to as the Ordinance of 10 August 2004. 199 Cf. http://www.sprawy-generalne.brpo.gov.pl/szczegoly.php?pismo=223516 In its judgment of 21 April 2015, the Constitutional Court ruled that the provisions challenged by the HRD are in breach with the Constitution of the Republic of Poland, cf. http:// trybunal.gov.pl/rozprawy/komunikaty-prasowe/komunikaty-po/art/7582-postanowienia-regulaminu-organizacyjno-porzadkowego-dla-zakladow-psychiatrycznych-i-zakladow-le/ 200 Cf. Letter of the Undersecretary of State of the Ministry of Justice of 27 February 2014 (Ref. DWMPC-III  ‑070  ‑17/13/53), https://www.rpo.gov.pl/sites/default/files/odp.%2BMS%2Bz%2Bdnia%2B27%2Blutego%2B2014%2Br.pdf 201 The solution referred to by the Undersecretary of State of the Ministry of Justice was introduced to the Executive Penal Code by the Act of 20 February 2015 amending the Act – Penal Code and certain other acts (Article 4(93)), and will enter into force on 1 July 2015 (Dz.U. of 2015, item 396). 202 Hospital in Łódź. Having analysed the situation of the patient admitted without his/her consent, it can be concluded that the issue raised in the general letter of the HRD of 31 May 2012 to the Minister of Health, pointing to doubts about the constitutional right to have the fact of depriving these persons of their liberty immediately referred to the court for review, remains valid. Cf. http://www.sprawy ‑generalne.brpo.gov.pl/szczegoly.php?pismo=1648411 203 Hospital in Bolesławiec. 58