Rooms for detained persons (PDRs)
interfering with medical confidentiality (in the presence of a Police officer when providing
health services) should be included in a legal act of statutory rank pursuant to Article 31(3)
of the Constitution of the Republic of Poland.
3) Insufficient stuffing of PDRs
In 2015, § 2(2) of Order No 130 of the Police Commander-in-Chief of 7 August 2012 on
methods and forms of performing tasks in a room for detained persons or persons brought to
sober up, which stipulates that the unit’s director organises service in such a way that there
is always a Police officer in the PDR (hereinafter referred to as “Order of the PCC No 130”),
was not amended.
As in previous years, the representatives of the National Preventive Mechanism find that
there are instances, where one Police officer is on duty in a PDR, and, being also a deputy
duty officer at Police headquarters, he/she has to perform certain duties ordered by his/her
superior. Cases, where Police officers serve their duty outside a PDR81, should be considered
as particularly dangerous. In such a situation, it may take too long to react to an adverse
event. Moreover, it is impossible for one Police officer to effectively ensure safety and control
in PDRs. Due to his official duties, such as e.g. admittance of a detainee, he/she will not
be able to physically exercise the rights of another detainee or person brought to sober up.
Materials collected during visits reveal that one person is not able to take care of the safety of inmates and to enable them to exercise their rights at the same time. When performing
the duty to control the behaviour of inmates, completing mandatory documentation or
admitting, delivering, transferring or releasing persons held in PDRs, it is not feasible to
simultaneously handle other inmates who wish to exercise their rights as PDR inmates at
that time (e.g. to use a sanitary facility, to use a Police patrol for purchase purposes, etc.).
Of course, an increase in the staffing of PDRs would not guarantee that extraordinary
events are eliminated, but could reduce their number. Risks related to instances, where one
Police officer is on duty in a PDR, were brought to the attention of the visitors also by Police
officers themselves who serve their duty in the establishments visited.
Nevertheless, it should be firmly stressed that, if there are persons held in a PDR who
require special supervision, it is the responsibility of the unit’s director to increase the staffing of Police officers on duty in the PDR. While recognising staffing problems which occur
in this formation, it should be noted that, in the opinion of the CHR, the ultimate goal will
be to introduce two-person service in PDRs, but at present, such service should be used in
all the necessary situations referred to above.
The Commissioner for Human Rights will further monitor the issue indicated to pay
even more attention to the situation of persons on duty in PDRs.
81
PDRs in: Brzesko, Kwidzyn.
39
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