Assessment of the recommendation’s implementation: There is no obligation in Poland to
carry out routine medical examinations of newly detained persons, which is a systemic problem105. As
a consequence, not all persons detained and held in the units visited by the NMPT had undergone such
examinations, which related also to people against whom a taser had been used106. In one of the visited
units, the representatives of the NMPT found that the officers had used a taser three times during an
action outside the police station, and only one of the detainees against whom a taser had been used had
undergone a medical examination (in the other cases, the detainees refused to undergo a medical
consultation)107. According to the CPT standards, such an examination should be mandatory in every
case a taser has been used108.
The CPT is of the opinion that every person against whom a taser has been used should
be seen by a doctor and, if necessary, taken to a hospital. Physicians and emergency
services should be informed about possible effects of the use of tasers against people
and about the forms of treatment required, in terms of both physical and mental health.
Also, the person concerned (and /or their lawyer, upon request) should be provided
with a medical certificate109.
Any injuries suffered by the detainees had been recorded in the detention reports and police
officers' notes attached to the documentation on the detention. The injury descriptions were rather
general and apart from specifying injuries as such, some of them contained the detainees’ statements the
injuries’ circumstances. The injuries found at RDPs were registered in the duty log books. The injuries
were not, however, registered on a special form (so-called “body chart”), and no photographic
documentation was made. No register of detainees’ injuries was kept by the visited RDPs (such a register
is not required by law). If a given detainee had undergone a medical examination, the doctor's certificate
confirming that the detainee can stay at the RDP was attached.
105
Regulation of the Minister of the Interior of 13 September 2012 on medical examinations of persons detained
by the police (Journal of Laws [Dz. U.] of 2012, item 1102), Article 1(3).
106
Pursuant to Article 36.1 of the Act of 24 May 2013 of the Act on coercive measures and firearms, a medical
examination is conducted in the case of an injury to a person with regard to whom direct coercion measures have
been used, or who shows other visible signs of risk to his/her life or health.
107
RDP at the District Police Station Warsaw VI, KMP. 570.1.2020.AN.
108
20th General Report of the CPT, CPT/Inf (2010) 28, para. 81.
109
Ibid.
53
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents