Prisons and pre-trial detention centres the execution of pre-trial detention as well as penalties and coercive measures resulting in the deprivation of liberty and on documenting these activities40. In accordance with these provisions in force since 1 July 2015, the prison administration is required to admit a person, who requires psychiatric hospitalisation due to acute psychosis, to a Pre-Trial Detention Centre or a Prison. In accordance with these provisions, every detained or convicted person, even if being in an immediate life-threatening condition, must first be admitted to a penitentiary establishment to later be provided with appropriate medical care (§ 35 of the Ordinance). The current wording of the Ordinance does not provide for a situation which would be an obstacle to the imprisonment of persons with even the most serious physical illness. The previously applicable regulations41 rendered it impossible that persons, who required hospital treatment due to acute psychosis or immediate hospital treatment due to an immediate threat to life or health, be first admitted to a penitentiary establishment. In view of the foregoing, the Commissioner was interested whether the Prison Service had reported any remarks on the draft Ordinance with respect to the legal amendments presented and, if not, what is the position of the Director General of the PS on the matter. In his reply of 5 April 2016, the Deputy Director General of the PS informed the Commissioner that, in correspondence with the Legislative Department of the Ministry of Justice, it was indicated that § 35 of the Ordinance as such, if in force, will result in hardly predictable staffing, organisational problems and increased financial costs for penitentiary establishments, associated with the need to secure funds for additional hospitalisations in non-prison medical entities, sanitary transport to often distant prison hospitals or libertarian hospitals and – if any negative consequences of failure to provide appropriate medical assistance on time occur – for any damages payable as a result of appeal proceedings and court judgments. As stressed in the reply, undertaken actions were not enough to defend legal solutions for following proper procedures when bringing persons who require hospital treatment42. Moreover, the CHR asked Professor J. Heitzman – the Vice President of the Polish Psychiatric Association, for an opinion on the matter. In his reply of 12 April 2016, Professor J. Heitzman stressed that the only appropriate place for a mentally ill person in the state of acute psychosis is a medical facility, not a Prison. Only a psychiatric hospital can provide an ill person with appropriate and necessary care, without putting his/her life or health at risk. Leaving such a person in prison (in custody), without providing him/her with 24-hour and immediate psychiatric care, may constitute inhuman and degrading treatment. It may therefore violate standards under the Constitution and international conventions. Introducing the provision requiring that persons in a life-threatening condition be first admitted to a Dz.U. item 927. Ordinance of the Minister of Justice of 2 October 2012 on administrative activities related to the execution of pre-trial detention as well as penalties and coercive measures resulting in the deprivation of liberty and on documenting these activities. 42 As pointed out in an interview by Colonel Jerzy Kopeć – the Deputy Director General of the Prison Service, transports of prisoners to civilian healthcare establishments are among factors resulting in overtime of PS officers: “one of significant factors resulting in overtime is treatment of inmates in civilian healthcare establishments and related convoys. These situations are usually difficult to predict. In this way, a small unit can work many overtime hours from day to day”. Cf. Penitentiary Forum 2015, No 5, p. 12. 40 41 25