CAT/OP/POL/CSPRO/1
Immediately after the arrest is made, the arrestee receives appropriate caution on his/her
rights in criminal proceedings as well as in misdemeanour proceedings.
Preliminary medical check-ups
45.
With respect to paras. 53 to 55 of the report, Poland submits the following. In
accordance with art. 15 paragraph 5 of Act on Police (consolidated text of 2019, item 161),
a detained person should be immediately subjected – if justified – to a medical examination
or first aid.
46.
However, by virtue of regulation (§ 1 paragraph 3 point 1 and 2) of the Minister of
the Interior on medical examinations of persons detained by the Police (Journal of Laws of
2012, item 1102), a detained person undergoes a medical examination in the case of, if:
• the person declares that he/she suffers from diseases requiring permanent or periodic
treatment, the interruption of which would endanger life or health, request a medical
examination or have visible bodily injuries not indicating a state of sudden health
threat;
• from the information available to the Police or from the circumstances of the
detention it appears that the detained person is: a pregnant woman, a breastfeeding
woman, a sick person, a person with mental disorders, a minor under influence of
alcohol or other similar measure.
47.
Simultaneously, § 5 paragraph 1 point 2 and 3 of the abovementioned regulation (...)
indicated that during the examination of a detained person, the examining physician states
that there are no medical contraindications for staying in rooms intended for detained
persons or there are medical contraindications for staying in such rooms and there is a need
to refer the person to the right healthcare institution.
48.
The cases of medical examination of a person detained by the Police have been
precisely defined in the abovementioned legal act and do not impose on the Police
obligation of medical examination of every person detained by Police officers.
49.
Referring to the remark regarding the presence of Police officers during a medical
examination of a detained person, it should be stated that this issue is regulated by the
provision of § 4 paragraph 2 of the regulation of the Minister of the Interior on medical
examinations (...). Pursuant to the aforementioned regulation, the decision on the presence
of a Police officer during a medical examination of a detained person is made by the
physician performing the examination.
50.
Usually, such situations take place in cases of aggressive persons being investigated,
or in regard to which there is a reasonable suspicion of an attack on health or one’s own life.
The presence of a police officer is aimed at p a person from escaping and ensuring the
security of both the examining physician and the examined person.
Right to inform a member of the family or other third party
51.
Regarding paras. 56 to 57 of the report, right of the arrestee to immediately notify
the arrest to next of kin of the arrestee or other person indicated by him/her was regulated in
art. 245 § 2 in conjunction with art. 261 § 1 and 3 CPC. Possibility to make use of that right
is being noticed to the arrestee directly after the arrest is made. To notify it in the record is
mandatory; the record should contain statement of consent as the performance of the right.
Content of the report is confirmed by the arrestee by his/her signature. It must be noted that
every document made in the course of actions undertaken by a Police officer that require
getting acquainted the person concerned with its content, may be read by that person or by
the Police officer (eg. in case of a person with visual impairment or blind) and signed
subsequently. As the person concerned is not able to sign the document, the Police officer
shall note in the record a fact that the document has been read to that person and he/she
cannot or refuse to sign it down.
52.
In case of foreigners, notification of the arrest may be transferred to a consular office
or diplomatic mission of the state whose citizenship the arrestee holds. In case of the arrest
of a stateless person – right to contact a diplomatic mission of a State, where this person
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