Rooms for detained persons (PDRs)
Strategy of actions to prevent human rights violations by Police officers and, more precisely,
to explain how a section of the document, entitled Adaptation of standards for disciplinary
proceedings and investigations to ECHR standards, will be implemented.
The Commissioner pointed out that, in accordance with applicable provisions, only
selected groups of persons undergo mandatory medical examination: pregnant women,
breastfeeding women, persons with mental disorders, persons with infectious diseases and
juveniles after the consumption of alcohol or another similarly acting substance, or if a
detained person states that he/she suffers from diseases that require continuous or periodic
treatment whose interruption would endanger life or health, requests that examination be
performed or has visible bodily injuries. The group of persons subject to examination is
thus quite narrow.
In the context of the obligation to adapt disciplinary proceedings and investigations to
ECHR standards (cf. Judgment of 12 April 2007 in the case of Dzwonkowski v. Poland, Application No 46702/99; Judgment of 12 May 2009 in the case of Artur Mrozowski v. Poland,
Application No 9258/04), the question is how Police officers will identify the mechanism
and cause of suffering injuries by a person being under their supervision, since there is no
obligation to subject every detained person to medical examination and thus to document
the health condition of a person placed under the supervision of the Police. Therefore, if any
bodily injuries are found when releasing such a person, they will be presumed to be suffered
at the time of his/her detention. In accordance with both the recommendations of the CPT
and the UN Committee against Torture (CAT), States are recommended to properly document bodily injuries of detainees and to correctly explain their causes. The Commissioner
stressed that the provisions of the Ordinance of the Minister of the Interior on the medical
examination of persons detained by the Police are not in line with recommendations issued
by international bodies or standards developed by the ECHR.
In his reply, the Secretary of State of the Ministry of the Interior pointed out that the
document includes various actions to prevent human rights violations. With regard to the
adaptation of standards for disciplinary proceedings and investigations to ECHR standards,
the Ministry of the Interior asked the Public Prosecutor General’s Office for cooperation
in conducting parallel criminal and disciplinary proceedings in cases of crimes related to
the deprivation of life and inhuman or degrading treatment or punishment committed
by Police officers. At the same time, the Secretary of State of the Ministry of the Interior
stressed that works on draft assumptions of a draft Act on the Police, which are to define
the scope and method of legal regulation of issues related to video and audio recording as
part of administrative and law enforcement activities, are in progress. One of primary objectives of the draft regulations would be improving the protection of persons with respect
to whom Police officers perform their official tasks and third persons present where the
tasks are performed.
The reply also stated that, in the opinion of the Ministry of the Interior, legal regulations ensure persons detained by the Police with broad access to medical care and the
37
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents