The SPT recommends that Poland should take appropriate steps in order to ensure
that all arrested persons are subject to a free examination performed by a medical
specialist who can work independently without the presence of a police officer. In
compliance with the Istanbul Protocol such medical specialists should be trained in
the field of examining persons who could have been subjected to torture or illtreatments and in registering such cases62.
According to the CAT recommendations, Poland should take effective measures to
ensure that apprehended individuals are subjected to a confidential medical
examination by an independent doctor within 24 hours from their arrival to the
detention place. They should also be entitled to request an independent medical
examination at any time63.
The careful and prompt registration and reporting of such evidence makes it much easier to
investigate cases of possible ill-treatment and to hold the perpetrators responsible, which in turn is an
important element of preventing future ill-treatment. Any injuries that are noticed should be entered in
a special form provided for this purpose, with body charts to mark the injuries, which will be kept in the
medical file. It would also be desirable to photograph the wounds and the photographs should be
attached to the medical file64.
The postulated obligation for all detained persons to undergo a medical examination and to have
all their injuries documented also protects police officers against false accusations that the injuries took
place while they were under the police supervision.
Lack of legal measures to protect whistle-blowers
Effective prevention of torture requires the establishment of an appropriate legal framework and
institutional culture which would enable police officers to report cases of misconduct of their colleagues
without the risk of retaliation or imputation of disloyalty towards their professional group.
The law still lacks appropriate procedures that would make it possible for officers to report cases
of ill-treatment of detainees by other officers, in a confidential and safe manner. Theoretically, an officer
62
Report on the SPT visit to Poland, CAT/OP/POL/ROSP/1, para. 55.
63
Committee against Torture, Concluding observations on the seventh periodic report of Poland, 29 August 2019,
CAT/C/POL/CO/7, para. 16.
64
Also, CPT recommends that a specific register of injuries be kept to record all types of injuries, cf.: Report on
the CPT visit to Poland in 2017 [CPT/Inf (2018) 39], para. 80.
44
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