to deal with the foreigners placed in these establishment in a humane manner.
The shower cabins need to be separated so as to ensure the sense of privacy of
persons washing themselves. Moreover, the European Court of Human Rights
pointed to the need to guarantee persons deprived of liberty the conditions which
ensure respect for privacy, in the context of art. 3 of the Convention for the
Protection of Human Rights and Fundamental Freedoms. In addition to the basic
comfort of persons washing themselves, this issue is also important for the
prevention of risks, in particular sexual acts.
The attitude of the Commander of Border Guard Unit in Lubań towards the
reservations of the visiting persons was different. Despite the similar statement that the
lack of appropriate equipment in the television room in the establishment he managed,
in the light of the said ordinance, did not constitute a formal irregularity since such a
room was not anticipated to be included in the Deportation Centre's rooms, the
Commander announced improvement of the conditions for using the TV set by the
foreigners. In addition, he informed that works on improving the living conditions of
the inmates would be taken in accordance with the schedule which forms an integral
part of the adopted plan of modernisation and certain works relating to the condition of
the walls in the sanitary facilities of the Deportation Centre have already been carried
out.
The Commander of the Nadodrzański Border Guard Unit in Krosno Odrzańskie
explained that the heating season in the Centre began on 10 October, and thus at the
time of the visit, which took place in September, the establishments could have been
underheated. Referring to the reservations concerning metal meshes installed in the
windows from the inside, he explained that these were the remains of safeguards of the
Deportation Centre which was transformed in the present Guarded Centre for
Foreigners. In the opinion of the Director of the Centre, they provided additional
security, for example, against breaking the pane or damage to the window.
It should be stressed here that, in accordance with the Standards of the
European Committee for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment (CPT), care should be taken in the design and layout of the
premises to avoid as far as possible any impression of a carceral environment99.
As for the issue concerning the sport and recreation infrastructure for adults,
apart from an indication that there was a squash court in the Centre, the Commander of
the Nadodrzański Border Guard Unit in Krosno Odrzańskie informed that in the
nearest future a basketball hoop backboard would be installed.
f) Right to health protection
European Convention for the Protection of Human Rights and Fundamental Freedoms
(open to the signature on 4 November 1950, Dz. U. of 1993, no. 61, item 284)
art. 3 No one shall be subjected to torture or to inhuman or degrading treatment or
punishment.
European Union Council Directive 2000/43/EC of 29 June 2000 implementing the
principle of equal treatment between persons irrespective of racial or ethnic origin in all
spheres of social life, inter alia, social care, including social security and health care,
education and access to publicly available goods and services.
99
7th General Report [CPT/Inf (97) 10]
http://www.cpt.coe.int/lang/pol/pol-standards.pdf
and
the
list
of
CPT
standards
available
on
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents