thermometers delivered to the centres. Also, the Ministry of Education and Science emphasized that the
statistics on the confirmed cases in the centres were not disturbing, and therefore the Ministry of Health
would not support the requirement for local medical care facilities to conduct regular coronavirus tests
among the juveniles from JECs.
Amendments to the regulations on uniformed officers operating within police special response
units, and on the identification methods for non-uniformed officers42
The Commissioner sent a general intervention letter to the Minister of the Interior and
Administration, concerning the spontaneous assemblies across Poland with regard to the abortionrelated regulations questioned by the Constitutional Tribunal, and the related actions of the police. The
Commissioner had been watching with great concern the escalating use of force by police officers
against the demonstrators. May people were detained, and direct coercive measures were used against
the demonstrators, including pepper spray, batons and physical force. Particular concern was raised by
the action of not uniformed officers who used expandable batons against demonstrators on 18 November
2020 in Warsaw, and by the detention of a photojournalist who was performing her professional duties
during a demonstration held in front of the Ministry of Education and Science on 23 November 2020.
The abovementioned events require reconsideration of the methods of conduct of such preventive
operations, from the point of the prohibition of torture and cruel, inhuman or degrading treatment or
punishment. The state is required to take appropriate steps and thoroughly examine every case in which
there is a suspicion that the prohibition has been violated. In this context, it is of importance to have the
possibility of identifying officers who protect demonstrations and who intervene against persons
violating the law. According to the Commissioner, do not sufficiently protect the citizens and should
therefore be amended. The impossibility to prosecute officers due to the inability to determine their
identity violates the prohibition of torture in procedural terms and contributes to the impunity of officers.
The method of identification of officers of special response units and operational units, who take part in
demonstrations, does not follow the standards and recommendations of international institutions
operating within the framework of the human rights protection systems of the United Nations and the
Council of Europe. The Commissioner for Human Rights requested the minister to make more precise
the provisions and practice regarding such officers’ identification methods and to ensure that all police
officers (both uniformed and non-uniformed) bear individual identification signs.
By the time of completion of the work on this report, the Commissioner for Human Rights had
not received any reply from the Minister of the Interior and Administration regarding the matter.
42
General intervention letter of the CHR to the Minister of the Interior and Administration, of 11 December 2020,
no. KMP. 570.12.2020.
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