Report of the Commissioner for Human Rights on the activities of the National Mechanism for the Prevention of Torture in Poland in 2017 Rooms for detained persons (RDPs) In 2017 the NMPT visited 5 rooms for detained persons In 2017 the NMPT visited 5 rooms for detained persons or sobering-up stations within the organizational units of the police 98. Systemic problems Visits performed in 2017 revealed that the majority of systemic problems which were presented in the report from 2016 still remain unsolved. The issues which still need to be solved include: ƒƒ failure to provide a medical examination to each detainee ƒƒ shifting the responsibility to take care of intoxicated persons to the police ƒƒ examination of persons with mental disorders by doctors other than psychiatrists ƒƒ lack of proper staff in RDPs The Constitutional Tribunal about body search: The fact that legislation fails to define the notion of “the search of an individual” and “body search” infringes on the constitutional rights and freedoms of an individual. What stands at variance with the Constitution are also the regulations (including the regulation on RDPs) which virtually independently and comprehensively regulated the issue of body search99 In order to allow the legislator to adjust the legal provisions to constitutional requirements, the Constitutional Tribunal extended the deadline for the loss of effect of unconstitutional provisions by the maximum period provided for in Article 190(3) of the Constitution, that is by 18 months – with respect to acts and 12 months - with respect to regulations. Monitoring the progress of work on the introduction of the said changes to applicable regulations remains on the NMPT’s agenda. 98 RDP in Malbork KMP.570.5.2017, RDP in Częstochowa KMP.570.6.2017, RDP in Grójec KMP.570.8.2017, RDP in Płock KMP.570.8.2017, RDP in Sokołów Podlaski KMP.570.8.2017 99 Cf. Ruling of the Constitutional Tribunal of 14 December 2017, file no. K 17/14, at the request of the Commissioner for Human Rights, ref. no. II.519.344.2014 45