are deprived of their liberty pursuant to a decision of the Polish authorities or with their consent. People
in places beyond the social supervision are at risk of torture or inhuman or degrading treatment or
punishment. The risk increases at the times of uncertainty, such as pandemics or emergencies. At such
times, the lack of effective solutions, procedures and staff training can impact human behaviours. The
surveillance and monitoring institutions, on the other hand, have limited capacity to act. Following the
ongoing public discussions regarding the coronavirus, the Commissioner is under the impression that in
the public space, no sufficient attention is paid to the situation of persons deprived of their liberty.
Statements of representatives of the authorities, and voices in the public debate, hardly ever refer to
persons deprived of their liberty or to solutions proposed to be used with regard to this group. The
Commissioner emphasized the need to protect persons deprived of their liberty not only against the
infection and the consequences of COVID-19, but also to provide adequate medical and psychological
care to such people. The key element in preventing COVID infections at places of detention is the
frequent conducting of the coronavirus tests. In the Commissioner’s view, state institutions should
review their measures and procedures, as well as their resources, to ensure that persons deprived of their
liberty are not excessively exposed to the risk of COVID-19 infection, and that their rights and
guarantees of protection against all forms of ill-treatment are not violated. The Commissioner, therefore,
requested the Prime Minister to provide information on the measures taken to protect the rights of
persons deprived of their liberty.
The Minister of the Interior and Administration, in his reply23 ensured that persons deprived of
their liberty exercise the rights enjoyed by them to the full extent. They undergo medical examinations
in accordance with the rules set out in the Regulation of the Minister of the Interior of 13 September
2012 on medical examinations for persons detained by the police. All voivodeship i.e. regional police
units and the Warsaw police unit have received the Procedure for dealing with persons suspected of the
COVID-19 infection or with a confirmed COVID-19 diagnosis. The procedure has been approved by
the Chief Sanitary Inspector from the Ministry of the Interior and Administration. Detained persons with
COVID-19 symptoms or suspected SARS-CoV-2 infection are placed in separate rooms for detained
persons (RDP), designated exclusively for persons with the symptoms or the suspected infection. Police
officers at the isolation facilities follow the applicable procedures if they have been in contact with a
person suspected of COVID-19 or with symptoms of the SARS-CoV-2 virus.
The Border Guard Headquarters informed that medical personnel members working in guarded
centres for foreigners had been instructed about the procedures developed by the Chief Sanitary
Inspector from the Ministry of the Interior and Administration - in relation to persons suspected of
COVID-19 or with the confirmed diagnosis. Moreover, regular contact is maintained with the state
sanitary inspectors responsible for the individual areas of the country. Also, daily disinfection of
23
Letter of 12 May 2020.
23
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