Sobering-up stations
Pursuant to § 10 of the Ordinance on sobering-up stations, persons admitted
to sobering-up stations or similar establishments may be given a set of substitute
clothes for the duration of their stay. However, the above provision does not require
every person admitted to the station to undress or change into substitute clothes. It
explicitly stipulates that provision of substitute clothes to patients of the stations is
only an option which should be used in the case of threat to security, or when the
own clothes of the patient are very dirty or damaged. In such cases, the European
Court of Human Rights reiterates that, as in the case of strip searches, the requirement to undress should result from the need to ensure security.155
According to the representatives of the Mechanism, the procedure followed
in numerous sobering up stations, consisting in requiring the admitted persons
to undress, is inappropriate. All safety measures (here undressing), which are interfering so strongly in human freedom and privacy, should be regulated in an
act and should be confined to the necessary minimum and exceptional situations.
In one of the stations156, substitute clothes given to the homeless patients did
not ensure intimacy. The clothes were made of transparent interlining which does
not mask intimate parts of the body. The station did not provide substitute footwear as well. The recommendation was made to eliminate these irregularities.
From among the visited stations, five did not require the patients to undress157,
but one required them to take off their shoes and hand over the things that may
be used in an inappropriate way, such as a trouser belt158. Since the said station
does not provide substitute clothes or footwear, the patients must move around the
premises wearing socks instead of shoes.
As regards the attitude to and the treatment of patients by the personnel,
in one of the stations159 the patients complained to the visiting team that the
person on duty was rude and his reaction to their requests and questions boiled
down to threatening them with strapping. The analysis of CCTV recordings
in another station revealed inappropriate behaviour of one of the carers who
pushed a patient dressed only in the underwear from a bench and dragged him
by hand along the floor. Regrettably, a similar situation occurred in another station where a woman was dragged by hand along the floor. In the opinion of the
See judgment of the ECHR of 31 March 2009 in the case of Wiktorko v. Poland, Application No
141612/02.
156
Sobering-up Station in Warsaw.
157
Sobering-up Station in Olsztyn, Sobering-up Station in Suwałki, Sobering-up Station in Nowy
Sącz, Sobering-up Station in Katowice.
158
Sobering-up Station in Olsztyn.
159
Sobering-up Station in Zamość.
155
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