Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2012 Pursuant to Article 4(6) of the Rules of Procedure concerning the stay of persons placed in rooms for detained persons or persons brought to sober up (hereinafter: the Rules of Procedure), the course and results of medical examination carried out in a room shall be recorded by the physician in the book of medical visits. A statement on the lack or the existence of contraindications for the detainee’s further stay in the PDR should also be understood as a  result of medical examination referred to in the said provision. This is particularity important for the health and life of the detained person/person brought to sober up. The NPM representatives recommend that the Police officers should influence/oblige the health care professionals to keep thorough and reliable documentation. In some establishments126 the visiting team observed that a Police officer was always present during medical examination. In the opinion of the NPM employees medical services should be provided outside the hearing range and the view of the Police officers unless their presence is requested by the physician. Otherwise, the right of detainees to intimacy and respect for their dignity, as well as the right to medical secrecy are breached. 3.  Right to information about the legal rights During the visits to the Detention Rooms, reservations of the visiting team were raised by the way detainees were acquainted with the Rules of Procedure. Detainees were acquainted with the Rules of Procedure during admission-related activities, before being placed in the room. In the opinion of the NPM representatives the method of acquainting the detainees with the content of the Rules of Procedure concerning the stay in PDRs should be changed so that it ensured that detainees can familiarise themselves with the Rules of Procedure without hurry and without the need to perform any other actions. Moreover, the Rules of Procedure should be displayed in a  place that is easily accessible to and visible for all detainees so that reading it would not depend on the decision of the Police officers or other factors. The NPM proposed that the information on the rights of detainees and the rules of their stay in the establishment should be placed inside the rooms where detainees are kept, which would guarantee them the possibility to read the Rules of Procedure without hurry. Taking the above recommendation of the NPM representatives into consideration, in Article 16(2) of the Ordinance of 4 June 2012 on the rooms for detained persons or persons brought to sober up, transition cells, temporary transition rooms and Police emergency centres for PDRs: Warszawa Wawer, Tuchola, Świdnica, Poznań Stare Miasto, Piaseczno, Olsztyn, Dzierżoniów, Biskupiec. 126 66

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