The NMPT requested the Director of the centre to analyse whether in that case the use of direct
coercion in the form of immobilisation complied with the provisions of the applicable law. Moreover,
the NMPT recommended the Director of the Centre for Intoxicated People in Warsaw:
•
that the Director of the centre in Warsaw should instruct the medical staff subordinate
to him on the necessity to carry out a thorough examination of persons brought to sober
up,
•
that the centre’s staff should always provide law enforcement agencies with information
on incidents of violence reported by persons brought to sober up.
During his conversation with the NMPT representative, the detainee decided to file a formal
complaint about his treatment by the police officers and the staff of the sobering-up station. The
complaint was forwarded by the NMPT to the CHR Office’s Department for Law Enforcement
Agencies’ Proceedings. Considering the fact that the complaint constitutes a notice of a suspected
offence, the Commissioner for Human Rights forwarded it to the District Prosecutor for Warsaw
Śródmieście District so that steps provided for by the law can be taken368.
On 19 November 2020, the Public Prosecutor refused to initiate an investigation because of the
fact that the situation did not involve any prohibited act (Article 17(1)(2) of the Code of Criminal
Procedure). The decision on the case is final369.
detained persons or persons brought for sobering up within the units reporting to the Warsaw Police Headquarters
and to the Voivodeship (i.e. Regional) Police Headquarters in Radom, of 10 January 2021, KMP.570.11.2020.MZ,
para. 6.2.1: Detention of a man brought to a sobering-up station, pp. 37-41.
368
See letter of 30 October 2020, II.519.1574.2020.KM.
See: letter of the District Prosecutor's Office Warszawa Śródmieście of 21 December 2020, ref. no. PR 1 Ds.
967.2020.DK.
369
139
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