organizational units, we need to point at an incident of hampering the execution of one
of the basic tasks of a visit, that is, interviews with detained persons under conditions
guaranteeing the freedom of speech. This incident took place at the Poviat Police
Headquarters in Kutno. A phone intervention to the Chief Police Headquarters was
necessary to confirm that NPM employees had the right to talk with detained persons.
This incident was a one-off situation. However, it was a great surprise to NPM
employees. It was all the more surprising, since in 2009 the Police Commander in
Chief drew attention of all his subordinate units to Defender’s rights related to
performing the tasks of the National Preventive Mechanism. Visits to all other Police
units were undisturbed.
Activities carried out as part of the visit showed differences in the basic aspects
of staying in such detention places, examined each time by NPM employees.
a) Living conditions
European Code of Police Ethics (Recommendation (2001) 10 of the Committee of
Ministers of Member States on the European Code of Police Ethics adopted by the
Committee of Ministers on 19 September 2001, No 765 on the deputy Ministers'
meeting)§ 56 The police shall provide for the safety, health, hygiene and appropriate
nourishment of persons in the course of their custody. Police cells shall be of a reasonable
size, have adequate lighting and ventilation and be equipped with suitable means of rest.
2nd General Report of CPT [CPT/Inf (92)3]
§ 42 All police cells should be of a reasonable size for the number of persons they are used
to accomodate. Moreover, they should have adequate lighting (i.e. sufficient to read by,
sleeping periods excluded) and ventilation; preferably, cells should enjoy natural light.
Further, cells should be equipped with a means of rest (e.g. a fixed chair or bench), and
persons obliged to stay overnight in custody should be provided with a clean mattress and
blankets.
Persons in custody should be allowed to comply with the needs of nature when necessary in
clean and decent conditions, and be offered adequate washing facilities. They should be
given food at appropriate times, including at least one full meal (i.e. something more
substantial than a sandwich) every day.
Ordinance of the Minister of the Interior and Administration of 14 September 2001 on
admissibility of using tobacco products in the premises subordinate to the minister
competent for internal issues (Dz.U. No 106, item 1163)
§ 2. 1. Smoking tobacco products within establishments is acceptable only in places
determined by directors (commanders, commandants, heads) of these establishments.
2. Places where smoking tobacco products is permitted shall be delimited in separate and
closed rooms and shall be visibly marked.
§ 3. 1. In establishments referred to in § 1(1), (2), (4) and (6)26, smoking tobacco products
by persons deprived of liberty, hereinafter referred to as “prisoners”, is acceptable in cells
and residence rooms.
2. Head of the Police or Border Guard organisational unit where facilities referred to in
Paragraph 1 are located, shall determine cells and residence rooms for prisoners smoking
tobacco products.
3. If the condition specified in Paragraph 2 cannot be met, smoking tobacco products can
be accepted outside cells and residence rooms, in separated and adequately adapted rooms,
in time determined by the head of the Police or Border Guard organizational unit.
26
among others, rooms for detained persons
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