Report of the CHR on the Activities of the National Preventive Mechanism in Poland
Prison or a Pre-Trial Detention Centre (Article § 35 of the Ordinance) shifts the obligation
to provide a mentally ill person in the state of acute psychosis with immediate appropriate
medical care to the Prison Service at the time of inefficient healthcare in penitentiary facilities. At the same time, repealing the previously applicable provision prohibiting to admit
persons in the state of acute psychosis or requiring immediate hospital treatment due to an
immediate threat to life or health to a Pre-Trial Detention Centre was supposed to eliminate
the risk of leaving a person in the state of acute psychosis without necessary immediate
medical assistance. At the same time, the Vice-President of the Polish Psychiatric Association indicated the primary role of Article 260 of the Code of Criminal Procedure, as in force
since 15 July 2015, which provides that, if the state of mental health so requires, the only
place of pre-trial detention is a psychiatric hospital, rather than any hospital. It was stressed
in the reply that the number of beds in psychiatric wards of pre-trial detention centres is
insufficient, despite a huge demand. Moreover, there are not enough systemic solutions for
admitting remand prisoners to a public hospital psychiatric wards. Another very important
issue is the insufficient number of psychiatrists employed in penitentiary healthcare. As a
result, ill prisoners are waiting for necessary assistance longer than the minimum allowed.
2.3 Strengths and good practices
Actions undertaken by administrators of the visited prisons and pre-trial detention
centres which, in the opinion of the representatives of the National Preventive Mechanism,
are worthy of recommendation and distinction as good practices are as follows:
• the so-called Internet kiosks located in residential wards of the Pr in Sieraków Śląski,
equipped with accessories (a video camera, a microphone, a headset) necessary to
enable video chats via SKYPE – an instant messenger, by persons deprived of their
liberty. By equipping all wards with the kiosks, this form of contact with the outside
world is generally available in the establishment;
• regular supervision of all psychologists and educators in the Pre-Trial Detention Centre in Warsaw-Grochów. As a result, penitentiary employees can get rid of negative
emotions related to direct work with persons deprived of their liberty. They can also
develop solutions for bringing a higher quality to the performance of their official
duties;
• providing convicts on admission to a penitentiary establishment with a statement that
they have read Article 139(1) of the Code of Criminal Procedure, Article 48a(1) of the
EPC and Article 65a(1) of the EPC. Pursuant to the last two regulations, a court may
suspend the execution of a substitute prison sentence if a convict declares in writing
that he will take up community service (Article 48a(1) of the EPC) or will serve a
sentence of restriction of liberty (Article 65a(1) of the EPC) and will submit oneself
to their rigors.
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