CAT/OP/POL/ROSP/1
54.
The Subcommittee recommends that the State party put a system into place to
ensure that persons in police custody who are in need of medical treatment, including
mental health care services, have rapid access to such treatment free of charge.
55.
In addition, the Subcommittee recommends that the State party take appropriate
steps to ensure that all persons who are arrested are promptly examined free of charge
by a medical specialist who is able to work independently without a police officer
present. In line with the Manual on the Effective Investigation and Documentation of
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul
Protocol), such medical specialists should be trained in how to examine people who may
have been subjected to torture or ill-treatment and on how to document such cases.
(d)
Right to contact a family member or other third party
56.
The delegation observed that persons in police detention do not have the right to
directly contact a family member or other third party to inform them on the reason of their
detention. Some detainees who had requested an officer to contact family on their behalf had
not received feedback on whether this had been done.
57.
The Subcommittee recommends that all persons deprived of their liberty must
be able to inform a family member or other third party of their detention without delay,
and receive feedback on whether this has been done. The exercise of this right must not
be dependent upon the goodwill or decision-making of the detaining authorities,
prosecutor or investigator or the administration of the detention facility.
(e)
Diplomatic assistance and translation
58.
Although welcoming the fact that at some police stations protocols were translated
into several languages, the Subcommittee noted that detained foreigners often did not
understand the procedure in Polish, nor were they offered the possibility to contact their
family, consulate or embassy.
59.
The Subcommittee recommends that the State party ensure that detained
foreigners have the right to communicate with the diplomatic and consular
representatives of the State to which they belong, as soon as possible after arrest. The
Subcommittee further recommends that the State party take measures to provide
means of translation to all facilities and have all procedural issues translated for them.
3.
(a)
Conditions of detention at police stations
Material conditions
60.
The Subcommittee notes as positive that the police detention centres visited generally
had acceptable material conditions, with cells that were of a sufficient size and not
overcrowded. They were clean and generally in a good state of repair. The Subcommittee is
concerned, however, that most of the visited cells were located underground and were poorly
lit and ventilated.
61.
The Subcommittee recommends that the State party continue implementing
measures to ensure adequate lighting and ventilation in police detention cells.
62.
At night, detained persons received mattresses, blankets and pillows, which were then
removed from the cells in the early morning. Detained persons reported receiving three meals
per day and water was available upon request. The Subcommittee, notes, however, that no
special diets were available for detained persons with special dietary requirements.
63.
The Subcommittee recommends that the State party ensure that detainees in
police detention are offered dietary options, including one warm meal and unrestricted
access to drinking water.
64.
While noting that toilets and washrooms were clean, in a good state of repair and
available upon request, the Subcommittee is concerned that in some police stations there were
facilities exclusively allocated for detainees with infectious conditions such as HIV/AIDS or
hepatitis.
65.
The Subcommittee notes that the designation of separate toilets and showers is
not medically necessary and constitutes segregation as a form of discriminatory
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