According to NPM visitors, understanding of one’s rights by the detained in the
sobering-up station is a key guarantee against ill-tratment. Representatives of the
National Preventive Mechanism recommended the stations at Chełm, Jaworzno and
Rzeszów to draw up rules and regulations for the detained, and to place them in a spot
visible to everybody, so that the detained could get acquainted with their rights while
leaving the sobering-up station. Following these recommendations, heads of the above
mentioned stations prepared such rules and regulations and attached them in a spot
available to the detained.
c) Application of direct coercive measures
The Act of 26 October 1982 on the upbringing in sobriety and counteracting alcoholism (Dz. U.
of 2007, No. 70, item 473 as amended.)
Art. 42. 1. In the case of persons admitted to sobering-up stations and posing a threat to
their own life or health, or the life or heath of third persons, destroying items in their
immediate surroundings, it is admissible to use physical coercion consisting in holding or
immobilising.
2. Holding is a temporary, short-term immobilisation of the person with the use of physical
force.
3. Immobilisation consists in longer overpowering of the person with the use of straps, holds,
sheets or a straitjacket.
4. Physical coercion may be applied only for as long as the person provides reasons for its
use.
5. Being transported and placed at a sobering-up or police station is subject to fees.
5a. Enforcement of receivables specified in paragraph 5 shall be carried out in accordance
with provisions on administrative enforcement proceedings.
The Ordinance by the Minister of Health of 4 February 2004 on the methods of escorting,
admitting and releasing intoxicated individuals and on the organisation of sobering-up stations
or other similar stablishments created by a local government unit (Dz. U. of 2004, No. 20, item
192 as amended)
§ 11. 1. Decision about application/cessation of direct coercion measures shall be made by a
physician or by a surgeon after consultation with the head of the shift or with other staff
designated by the director of the sobering-up station.
1a. (3) Before application of direct coercion measures leading to immobilisation, objects
which may pose a threat to life or health of that person or other persons, shall be taken away
from him, especially sharp objects, glasses, denture, belt, braces, shoelaces, matches.
1b. (4) A physician may order application of direct coercion measures consisting in
immobilisation for not longer than 4 hours. If needed, the physician after personal
examination may extend immobilisation for more periods of 6 hours, however
immobilisation may not be applied for longer than 24 hours.
1c. (5) A staff designated by the director of the station shall check the physical status of the
immobilised person at least every 15 minutes, also when that person is asleep.
1d. (6) During the check referred to in paragraph 1c, the staff shall:
1) assess if immobilisation is correct, and especially if straps, holds, sheets or straitjacket
are not too loose or too tight;
2) ensure a short release from immobilisation to allow the immobilised person to change
position or to alleviate his/her physiological or hygienic needs, at least every 4 hours.
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