Border Guard rooms for detained persons
In accordance with information provided to the visitors, pre-admission medical examinations are performed on juveniles with visible bodily injuries, being under the influence of
alcohol or other narcotic drugs and juveniles who require such examination98.
If such examination is performed, a medical certificate stating whether there are any
contraindications to being placed in a Police Emergency Centre for Children is included
in a juvenile’s records99. In one of the establishments visited100, some protocols of detention
lacked information on whether a juvenile was examined by a doctor. The employees of the
OCHR recommended that Police officers be obliged to record the fact of medical examinations in protocols of detention and, if performed, include medical records.
7. Border Guard rooms for detained persons
7.1 Introduction
In 2015, the representatives of the Mechanism visited 5 Border Guard rooms for detained persons101 (hereinafter referred to as the “BGDR”, the “centre”).
7.2 Systemic problems
1) Personal control of detained persons
Most visited BGDRs followed the principle of controlling a detainee before placing him/
her in the centre which involved not only his/her cursory check, but also requiring him/her
to undress to underwear or even to strip naked. This problem was raised in the Report of the
NPM of 2014102. It should be recalled that, in accordance with § 5(2) of the rules of stay of detained persons in rooms of Border Guard organisational units for such persons (hereinafter
referred to as the “BGDR rules”) annexed to the Ordinance of the Minister of the Interior
and Administration of 20 June 2011 on conditions to be met by rooms in Border Guard
organisational units for detained persons and the rules of stay in these rooms103, a detained
person is subject to detailed examination. The representatives of the NPM repeatedly stressed
that this activity related to the limitation of the constitutional rights of an individual should
be regulated in a legal act of statutory rank. The CHR understands the need to ensure the
safety of both detained persons and Border Guard officers on duty in BGDRs, however, such
PECCs in: Kielce, Olsztyn, Szczecin, Opole.
PECCs in: Kielce, Olsztyn, Szczecin.
100
PECC in Opole.
101
BGDRs in: Braniewo, Krosno Odrzańskie, Augustów, Włodawa and Medyka.
102
https://www.rpo.gov.pl/sites/default/files/BIULETYN%20RZECZNIKA%20PRAW%20OBYWATELSKICH%202015%2C%20
nr%204%20%C5%B9R%C3%93D%C5%81A_0.pdf, p. 70.
103
Dz.U. No 143, item 843, as amended.
98
99
45
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