too low given the aim of the CPT recommendation, i.e. facilitating communication in daily
contacts with the foreign national in the centre.
Recommendations that the NMPT has considered not implemented:
•
Not to carry means for direct coercion (batons, handcuffs and pepper spray) in full view
of the foreign migrants, including inside the accommodation areas387 − during the
monitoring visit, Border Guard officers carried batons. Furthermore, officers had access to
tasers. They were stored in a the shift officer’s room. They were handed out only to trained
officers and, as a rule, were not carried into the accommodation part of the centre;
•
To provide effective legal aid to the foreign migrants, including free legal representation
for those who cannot afford it388 − the problem is a systemic one, as the Polish legislator has
not referred to the necessity to provide free legal aid to such foreign migrants;
•
To extend the offer of organised activities for the foreign migrants (including sports
activities)389 − the men were permitted to stay outdoor for 1.5 hours, which was too short given
the potential of the facility, its location and infrastructure.
•
STATE OF IMPLEMENTATION OF THE NMPT RECOMMENDATIONS
Recommendations that the NMPT has considered implemented:
•
To remove personal data of the foreign migrants, and the names of medicines placed next to the
individual names, from the information board;
•
To keep documents with guidelines on dealing with vulnerable groups390 in the doctor’s office
in the centre;
•
To ensure language interpretation of consultations with psychologists391;
•
To assign a separate room exclusively for meetings with psychologists (those from the centre
and from the outside) to ensure confidentiality, and to make sure that the room is soundproof392;
387
In the CPT's view, this is an intimidating and unjustified practice, see: para. 51 of the report, CPT/Inf (2018)39.
388
Ibid, para 47.
389
Ibid, para 42.
390
The nursing team had the Istanbul Protocol copy in their room.
391
The consultations took place by telephone (using a loudspeaker).
392
Due to the coronavirus pandemic, the room for meetings with a psychologist was used as an isolation room.
Meetings with the psychologist were held in the medical room, which raised a number of problems: the room was
not soundproof, and there was occasional presence of outsiders. The NMPT, aware of the need to counteract the
pandemic, considered the recommendation to be implemented as long as the room, once the pandemic ends, is
used for the purpose for which it was created.
143
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