Prisons and pre-trial detention centres Therefore, the Director General of the Prison Service takes the view that the evacuation procedure does not need to be made more precise in terms of dealing with this category of inmates (reply of 16 November 2015). The representatives of the NPM recommended that the personnel in direct contact with inmates in establishments, which were subject to thematic visits, be provided with training in dealing with and recognising the needs of persons with disabilities. 2) Personal controls In accordance with the announcement of measures to establish a mechanism for the legal control of legitimacy of personal controls of prisoners (Report of the CHR on the Activities of the NPM in 201417), the Commissioner for Human Rights filed an application with the Constitutional Court18 on 21 January 2016. In the opinion of the CHR, the constitutionality of Article 116(6) of the EPC in conjunction with Article 7(1) of the EPC, which allows for performing such activities without issuing decisions that could be subject to judicial verification, needs to be examined, because it directly affects the right to bodily integrity and privacy of persons deprived of their liberty. In the opinion of the CHR, the adoption of relevant regulations will be the implementation of the ECHR’s rulings: Milka v. Poland (Judgment of 15 September 2015, Application No 14322/12); Świderski v. Poland (Judgment of 16 February 2016, Application No 5532/10). In connection with the judgment in the case of Milka v. Poland, the Commissioner for Human Rights requested the Director General of the Prison Service in his letter19 of 22 September 2015 to inform subordinate Regional Directors of the Prison Service of the judgment of the European Court of Human Rights and the resulting need for changing the practice of performing personal controls in Polish penitentiary establishments, which should be performed only on those whose attitude or behaviour poses a real threat to safety or order. In his reply of 23 February 2016, the Deputy Director General of the PS stated that the conclusions of the aforesaid judgment for the Prison Service will be discussed in detail during a briefing of the management of the Central Board of the Prison Service with Regional Directors of the Prison Service and directors of penitentiary establishments, which was held on 1-3 March 2016. Some penitentiary establishments implemented a two-stage personal control which is a good practice. It is recommended that this practice becomes widespread. The representatives of the NPM indicate that an inmate should not be required to take off all clothes at the same time, but he/she should undress partially and dress up after a control of a specific part of his/her body is completed. It is important to bear in mind the CPT’s position in this respect, included in a report on the visit made in Poland on 5-17 June 2013, which indicated Cf. Report of the Commissioner for Human Rights on the Activities of the National Preventive Mechanism in Poland in 2014, pp. 22-23. KMP.571.83.2014.MMa, https://www.rpo.gov.pl/pl/content/wniosek-do-trybuna%C5%82u-konstytucyjnego-w-sprawie-kontroli-osobistych-skazanych-przebywaj%C4%85cych-w 19 II.517.1910.2015.JM, http://www.sprawy-generalne.brpo.gov.pl/szczegoly.php?pismo=527581 17 18 15

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