Foreigners staying in the guarded centres and deportation centres have the right to
undisturbed sleep from 22.00 to 6.00 and on holidays to 7.00 or at different times, if this is not
in contradiction with the order of the stay in the Centre. They may also use sanitary facilities
and cosmetics needed to maintain personal hygiene (men are entitled to take a hot bath at
least once a week, women – to use hot water at least once a day and to take a hot bath twice a
week) and persons placed in guarded centres shall have the right to use sport and recreation
facilities in a specified time and place.
The foreigner staying in the deportation centre has the right to a one-hour walk a day unless
the physician's recommendations state otherwise.
In the visited establishments, there are no permanent medical duties. If
necessary, physicians are called upon by telephone. Similar rules apply to the inmates'
access to a psychologist or dentist. Specialist medical assistance is provided on a basis
of an agreement concluded with one of the health care institutions. The foreigners are
subject to periodic medical examinations once a month.
At the time of the visit, specific doubts as to the proper medical supplies
appeared only during the visit to the Guarded Centre in Krosno where the foreigners
placed there at that time pointed to difficulties of access to proper medical care and
some claimed that in view of the lack of financial resources they had been refused
specialist treatment or examinations.
Violations regarding these issues should also include, firstly, the fact that on the
day of the visit to the establishment in Lubań, in the office, in a publicly available
place The medical consultation register was made available in which – as it was
determined – the data of foreigners who used medical assistance were included. Such
a collective documentation, due to the nature of the data included therein, should
be adequately secured against access by unauthorized persons.
Secondly, the foreigners placed in the Deportation Centre in Szczecin used only
the right to a one-hour walk in the open air and the duration of the walk was extended
only occasionally. The visiting persons concluded that limiting the possibility of
walking to one hour a day and only occasional cases of extending the duration of
walks may pose an excessive hardship for persons placed in the Deportation
Centre. It should be mentioned here that art. 117 para. 4 point 1 of the Act of 13
June 2003 on foreigners (Dz.U. of 2006 no. 234, item 1694), while guaranteeing
the foreigners the right to a one-hour walk a day specifies only a certain
minimum and in no way does it limit the possibility of extending the duration of
the walk.
The Commander of the Nadodrzański Border Guard Unit in Krosno
Odrzańskie, referring to the reservations concerning the establishment he managed,
provided reliable information negating the charges concerning the lack of medical
assistance, including - specialist medical examinations of the foreigners placed in the
establishment.
The Deputy Commander of the Nadodrzański Border Guard Unit denied that
the walks of the foreigners in the Deportation Centre in Szczecin were limited to a
minimum of 1 hour a day and indicated that they were extended, depending on the
capabilities and weather conditions.
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