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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