Report of the Commissioner for Human Rights on the activities of the National Mechanism for the Prevention of Torture in Poland in 2017 Lack of regulations on escorted transport of persons subject to preventive measures, outside the institution All procedures relating to mentally ill persons should be clearly regulated in such a way so as not to raise any doubts. Regulations which set out who, in what situations, by what means of transport and with the use of what coercion measures may transport persons who have been placed in hospitals instead of prisons, should be an absolute minimum as concerns the safety of such patients. For several years, the NMPT has been calling for regulating the procedure of escorted transport of patients of psychiatric hospitals and wards, who are held there pursuant to adjudicated preventive measures, outside the premises of the institution for the purpose of medical consultations, examination or treatment. Currently, it is the responsibility of the hospital administration to provide such escorted transport. The NMPT noted that at present there happen situations in which psychiatric hospital patients are escorted by public transport, which raises reasonable concerns about the safety of other passengers. In the opinion of the Ministry of Health, it is justified to introduce, into the Executive Penal Code, provisions on escorted transport of persons in relation to whom preventive measures have been adjudicated. According to the NMPT, it is necessary to take legislative action to determine the escorted transport procedure, i.e.: situations in which it should be used, responsible entities, escorting team composition, means of transport, and measures to be taken in order to prevent aggression and uncontrolled departure of the escorted person. At present, it is the sole responsibility of psychiatric hospitals to organize escorted transport and to ensure its safety and security, in cases when it is necessary to transport a patient beyond the psychiatric hospital for the purpose of an important medical consultation, examination or treatment procedure. 62