Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2014 4.2. Systemic problems 1. Delegating the responsibility for care of intoxicated persons to the Police The problem of delegating the responsibility for care of intoxicated persons to the Police, which was highlighted in previous Reports100, remains topical. In the absence of the obligation to employ medical personnel in the centre, these establishments are not adequately prepared to care for intoxicated persons. 2. Medical examination of detained persons Compared to previous years, the issue of medical examination of PDR detainees in 2014 remained the same. All detained persons or persons brought to sober up were examined in only one of the visited establishments101. Other establishments provided medical services to, among others, persons detained to sober up, persons having visible bodily injuries and those that requested such examination102. Based on the recommendations of the CPT, General Assembly Resolutions and conclusions made by the representatives of the NPM as a result of preventive visits, examining all detainees by the Police would play a very important function. On the one hand, it would make it possible to early detect medical contraindications to being placed in PDRs, while on the other hand, a detailed description of detainees’ health condition – before being placed in PDRs – would effectively protect police officers on duty in PDRs from any charges. 3. Insufficient staffing of PDRs In 2014, § 2(2) of Order No 130 of the Police Commander-in-Chief of 7 August 2012 on methods and forms of performing tasks in a room for detained persons or persons brought to sober up, which stipulates that the establishment’s director organises service in such a way that there is always a police officer in the PDR, was still not amended. As in previous years, visiting teams find that there are instances where one police officer is on duty in the PDR and, being also a deputy duty officer at the Police headquarters, he/she has to perform certain duties ordered by his/her superior. Cases where police officers serve their duty outside the PDR should be considered particularly dangerous. In such a situation, it may take too long to react to an adverse event, because of the time needed to reach such a detention room from the Cf. Report of 2012, pp. 64 and 72, Report of 2013, p. 112. PDR in Lipsko. 102 Cf. § 1(3) of the Ordinance of the Minister of the Interior of 13 September 2012 on medical examination of persons detained by the Police (Dz.U. of 2012, item 1102). 100 101 36