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 medical examinations in relation to the use of direct coercion measures – the
analysis revealed that not all juvenile residents who were subjected to direct coercion were
examined by a doctor.
doubts concerning the premises for the use of direct coercion in the form of isolation
– it should be pointed out that detailed premises for the use of direct coercion are specified
in Article 27 of the Act on direct coercion measures and firearms.
lack of personnel training in the field of application of direct coercion measures – only
one person was trained on how to properly use direct coercion measures.
doubts concerning the use of a tranquilizing injection that was prescribed by the doctor for
use in case of resident’s hyperactivity.
judicial supervision - what causes concerns is the method in which a judge examines and
evaluates the legitimacy of direct coercion use and its documentation.
An important letter, in terms of the protection of juvenile rights, was also the intervention
of the Commissioner for Human Rights addressed to the President of the National Council
of Legal Advisers and the President of the Supreme Bar Council97. The letters referred to the
need to guarantee that every person detained by the police or other services entitled to perform arrests has access to a defence counsel from the beginning of detention. The objective
was to throw light on the problem of torture in Poland and encourage the councils to undertake awareness - raising activities among their counsels and legal interns, showing the role
they can play in preventing that phenomenon.
The NMPT believes that education is the best method of prevention, as it influences attitudes
and determines constructive actions.
The NMPT: The state should create a comprehensive system that will be educating
the society and on the other hand - through an effective judicial and administrative
apparatus and effective law - will minimize the risk of torture and other forms of
inhuman or degrading treatment.
97
Cf. KMP.573.30.2017
44
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