Rooms for detained persons
children, the regulations governing the stay in those rooms, cells and centres, and
the method for processing images recorded in those rooms, cells and centres127,
hereinafter the Ordinance on the PDRs, the Minister of Interior stated that a copy
of the Rules of Procedure concerning the stay of persons placed in rooms for detained persons or persons brought to sober up, as well as the list of institutions
protecting human rights, shall be placed in the room for detained persons or persons brought to sober up in such a way that the documents cannot be destructed
or used for the purposes of an assault. The said amendment to the Ordinance on
the PDRs undoubtedly strengthened the detainees’ rights of the access to information. However, in some visited centres the Rules of Procedures and the list of the
addresses of the institutions protecting human rights were not placed in the rooms
of the detainees128.
Access to a lawyer was another issue verified during the visits to the establishments129. The NPM employees believe that this right is one of the safeguards
against ill-treatment of detained persons. Most of the visited establishments did
not have a list of lawyers practicing in the court district of the Centre concerned.
Where such a list was lacking, its preparation was recommended.
4. Living conditions
The living conditions varied from one visited establishment to another. Apart
from those newly built130 and those entirely131 or partially132 renovated, most Detention Rooms had shown signs of many years of use. In one of the establish Dz. U. of 2012, item 638.
PDRs: Gdańsk, Biskupiec, Trzebnica, Oleśnica, Kościerzyna, Dzierżoniów, Piastów, Piaseczno,
Wałcz.
129
The Human Rights Defender also addressed a general motion of 15 January 2013 to the Minister
of Justice, questioning the fact that the detainee cannot access legal aid provided by a court-appointed legal advisor (RPO-543260/06/II/207.5). In his reply of 8 February 2013, the Minister of
Justice did not agree with the reservations voiced by the Defender, indicating that a participant in
the criminal proceedings who is not party to these proceedings, may, pursuant to Article 87(2) of
the Code of Penal Procedure, appoint a representative and, under Article 78(1) of the Code of Penal
Procedure and in conjunction with the second sentence of Article 88 of the Code of Penal Procedure, request a court-appointed attorney. The Minister of Justice believes that it should be assumed
that, when the existence of circumstances laid down in Article 78(1) of the Code of Penal Procedure
is demonstrated, the President of the Court must appoint an attorney for such a person. Pursuant
to Article 16(2) of the Code of Penal Procedure, a detainee should be instructed about his/her right
to request a court-appointed attorney, http://www.sprawy-generalne.brpo.gov.pl/szczegoly.php?pismo=1694495.
130
PDRs in Człuchów, Żagań, Kartuzy.
131
Rooms for detained persons: Zgorzelec, Wrocław, Oleśnica, Końskie.
132
PDR in Środa Wielkopolska – toilets, Elbląg, Chojnice – repainted rooms for detainees.
127
128
67
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