Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2012 6. Sobering-up stations 6.1 Introduction In 2012 the representatives of the National Preventive Mechanism visited 14 sobering-up stations, of which one was revisited. 6.2 Systemic problems 1. Lack of a legal obligation to establish sobering-up stations (sobering-up establishments). The most significant systemic problem concerning the functioning of a sobering-up station is the low number of such establishments and the fact that they are not adapted to the current system. The first problem results from the wording of Article 39 of the Act of 26 October 1982 on upbringing in sobriety and preventing alcoholism143 (hereinafter: Anti-alcohol Act) stipulating that local authorities in towns with a population of over 50 000 inhabitants and poviat authorities may establish and run sobering-up stations. Such wording leads to the situation where for different, also financial, reasons local authorities close down sobering-up stations, knowing that the Police will have to take care of the intoxicated persons. Article 39 of the Anti-Alcohol Act should require gmina or poviat administration to run such establishments. The Human Right Defender144 believes that sobering-up stations should be upgraded to specialised units of a new type, which will serve as a sobering-up station, a therapeutic centre and a family assistance centre. Joint efforts should be undertaken to amend the Act on upbringing in sobriety so that it contains a provision for an obligatory allocation of funds from alcohol licenses to centres for fight against alcoholism. The Human Rights Defender is of the opinion that the functioning of the comprehensive Support Centre for People Addicted to Alcohol and their Families is an appropriate resolution of the deadlock concerning the situation of the intoxicated persons, local authorities and the central administration145. Dz. U. of 2012, item 1356. See: The Human Rights Defender requested a Sejm committee to address the issue of sobering-up stations, Rzeczpospolita of 18 February 2013. 145 See: I. Lipowicz, Sobering-up stations from the point of view of the Human Rights Defender [Izby wytrzeźwień w perspektywie Rzecznika Praw Obywatelskich] (in): T. Gardocka, J. Sobczak (ed.) Izby Wytrzeźwień a prawa człowieka [Sobering-up Stations and Human Rights], Wyd. Adam Marszałek, Toruń 2013, pp. 19-20. 143 144 70