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.
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