well as other well-established international standards. The said algorithm does not, namely, provide for the “immediate release” from the
closed detention centre of foreigners who are the alleged victims of
violence. Moreover, treatment and therapy offered on the premises of
the centre to identified torture victims only deepens mental injuries of
migrants in detention.
Furthermore, despite the implementation of the said algorithm there have
still been instances of conduct incompliant with the “Rules”.
a) A foreigner in relation to whom a decision was taken to extend his
detention despite a reasonable basis for believing that he had been subjected to violence (determined by a psychologist) and despite persistent
threat to his life and health (determined three times by a doctor and
recognized in the psychiatric opinion stating that the stress experienced
in detention may increase the frequency of epileptic attacks as well as
confirmed in two opinions issued by a psychologist stating that the said
foreigner should not reside in the centre due to his mental state). Since
reporting being the victim of physical and mental violence, the foreigner
had spent 4,5 months in the centre. In the opinion of the expert, information providing reasonable grounds to believe that he had experienced
violence was available to the staff already in the first week after foreigner’s placement in the Centre, which can be confirmed by the notes of
the psychologist and entries in the medical records. In case of doubts in
that regard and the need for further verification, appropriate steps should have been taken without any delay. Yet, the request for a psychiatric
consult made successively by the doctor, patient and psychologist was
only granted after 4 weeks and after over 7 weeks since the patient reported being a victim of violence. Despite the fact that ultimately the
foreigner was released from the Centre, interventions initiated in relation to him, in the view of the expert, were incompatible with the Border
Report of the Commissioner for Human Rights on the activities
of the National Mechanism for the Prevention of Torture in Poland in 2018
41
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents