Reinspections
During the first inspection, the representatives of NPM recommended hiring personnel in order to ensure that the Regional Forensic Psychiatry Centre, which is the main unit
within which NCPDB operates, operates properly, subject to no detriment to the patients
admitted to the ward. Until 22 July 2015, officers of the Prison Service took shifts at the centre. On the inspection date, the following persons were hired at the facility: 4 psychologists,
14 hospital paramedics, 8 nurses, 1 doctor, 1 therapist, 1 case worker, and 25 security guards.
The number of the employees did not meet the minimum employment standards provided
for in Article 5 of the ordinance on NCPDB. According to that article, for each 10 persons
in the facility, there should be: 6 psychologists, 14 nurses, 7 case therapist, 1 psychiatrist.
As it was determined by the visiting team, patients are visited each time in the presence
of the staff members. Nevertheless, according to Article 29(1) of the act dated 22 November
2013 on the procedure concerning the persons with mental disorders that pose a threat to the
life, health, or to sexual liberty of other persons159, the patient has the right to have personal
contact with the visitors. This provision does not provide for any restrictions as regards
the visitation. The supervision is imposed without any statutory legal basis, contrary to
the principle expressed in Article 31(3) of the Polish Constitution, and was the subject of
the letter filed by the Commissioner for Human Rights to the Minister of Health on 01 July
2015160. The explanations provided in this area by the Minister of Health as well as the further doubts as to the groundless restricting of rights of patients led to filing a letter on 30
July 2015 by the Commissioner for Human Rights to the Minister of Justice as the initiator
of the bill for the aforementioned act161.
During the reinspection, the representatives of NPM also noticed a series of other irregularities. The analysis of the organisational by-laws of the patient’s stay at NCPDB showed
multiple restrictions in the rights of patients, e.g. lack of possibility to send a registered
letter (the patients do not receive confirmation of sending official correspondence), being
granted the right to take walks only after one week of staying at the facility, disposing of their
own funds only up to PLN 130. The said practice was the subject matter of the letter of the
Commissioner for Human Rights to Minister of Justice dated 30 July 2015162. In the letter,
the Commissioner stated that the provisions to regulate the rights and duties of persons
placed at NCPDB or comprising the basis of any restrictions were not enacted in the course
of the legislative process. Therefore, as the restrictions in exercising the constitutional rights
and liberties may be established only in an act of law in line with Article 31(3) of the Polish
Constitution, such lack should be interpreted in such a way that the patients take advantage
of full constitutional rights. Therefore, as the patients at the facility face restrictions that
are introduced without any proper legal basis, through internal by-laws of the facilities, the
Commissioner turned to the Minister of Justice with a request to consider undertaking the
162
159
160
161
Dz. U. of 2014, item 24, as amended.
II.517.2681.2014.ED, http://www.sprawy-generalne.brpo.gov.pl/pdf/2015/7/II.517.2681.2014/457683.pdf
II.517.2861.2014.ED, http://www.sprawy-generalne.brpo.gov.pl/pdf/2015/7/II.517.2681.2014/483015.pdf
II.517.2861.2014.ED, http://www.sprawy-generalne.brpo.gov.pl/pdf/2015/7/II.517.2681.2014/483015.pdf
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