Sobering-up stations
The representatives of the Mechanisms also voiced reservations about the
lack of regular monitoring of the physical condition of immobilised persons164
which is in breach of § 11(1c) and (1d) of the Ordinance on sobering-up stations.
It must be emphasized that the employees of the station have an obligation to ensure safety of the patients. No control of the condition of intoxicated persons, in
particular those immobilised, increased the risk of extraordinary events and may
lead to inhuman treatment.
3. Right of access to information
Some of the visited sobering-up stations did not have written regulations
specifying the rights and obligations of patients165 or such regulations were not
placed on the walls in the rooms for patients.166 As a results, when the patients
sober up they have no possibility to read the regulations without any hurry.167 The
visiting team also pointed to the need to orally instruct the patients about their
fundamental rights, since the awareness of such rights is one of the safeguards
against ill-treatment.
The employees of the NPM also analysed whether the persons admitted to
the sobering-up stations were informed about the possibility of filing a complaint
with request for examining the grounds and lawfulness of them being taken to the
station, as well as the decision about detention and its appropriate execution. The
inspection of the rooms168 available to patients revealed that the relevant information was not presented in a well-visible place.169
164
Sobering-up Station in Zamość, Sobering-up Station in Suwałki, Sobering-up Station in Toruń,
Sobering-up Station in Włocławek, Sobering-up Station in Katowice, Sobering-up Station in
Sosnowiec, Sobering-up Station in Warsaw.
165
Sobering-up Station in Zamość, Sobering-up Station in Opole, Sobering-up Station in Włocławek.
166
Sobering-up Station in Białystok, Sobering-up Station in Nowy Sącz, Sobering-up Station in Piła,
Sobering-up Station in Katowice, Sobering-up Station in Olsztyn.
167
Pursuant to Principle 13 of the Body of Principles for the Protection of All Persons under any Form
of Detention or Imprisonment (UN General Assembly Resolution of 9 December 1988), any person
shall, at the moment of arrest and at the commencement of detention or imprisonment, or promptly
thereafter, be provided by the authority responsible for his arrest, detention or imprisonment, respectively,
with information on and an explanation of his rights and how to avail himself of such rights.
168
Sobering-up Station in Zamość, Sobering-up Station in Białystok, Sobering-up Station in
Włocławek.
169
Pursuant to § 14 of the Ordinance on sobering-up stations, persons released from a station,
establishment or a Police room shall be informed in writing about the possibility to file a complaint
concerning the grounds for and lawfulness of their admission and the execution of the decision on
detention and admission to the station, establishment, health care centre or a Police room.
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