Staffing level in places of detention directly translates not only on the safety and protection of both, the detained and the personnel but also on the possibilities of the
staff to organize everyday work and maintain the regime of the institution as a whole.
Appropriate staffing level also prevents the cases of burnout among staff and allows
them to enjoy full working capability instead of only concentrating on everyday tasks53.
Medical examination of the detained
There is no obligation in Poland to subject every detained person to a medical examination.
The list of individuals who are obligatorily subject to such an examination is specified in the regulation
of the Minister of the Interior54. In practice, therefore, police officers bring to examinations only those
individuals who are required by law to undergo such a procedure.
Independent medical examination and proper documentation of injuries established in the
course of such an examination constitute a fundamental guarantee for the prevention of torture.
It also protects officers as such from false allegations that injuries were sustained during one’s stay
in the police unit. Furthermore, the awareness that possible signs of violence may be determined and
documented may act as a deterrent to those considering the use of violence
☞All detained persons should be subject to compulsory medical examinations.
SPT
The Subcommittee recommends that Poland should take appropriate steps in order to
ensure that all arrested persons are subject to a free examination performed by a medical specialist who can work independently without the presence of a police officer.
In compliance with the Istanbul Protocol such medical specialists should be trained
in the field of examining persons who could have been subjected to torture or ill-treatments and documenting such instances55.
CAT
Poland should take effective measures to ensure that apprehended individuals are subjected to a confidential medical examination by an independent doctor within 24 hours
from their arrival to the detention place. They should also be entitled to request
an independent medical examination at any time56.
53
54
55
56
Cf. Report from the SPT visit to Sweden, CAT/OP/SWE/1, Art. 139-140.
Cf. Regulation of the Minister of the Interior of 13 September 2012 on medical examinations for persons detained by the Police (Journal of Laws [Dz. U.] of 2012, item 1102), Article 1(3).
Cf. Report of the SPT visit to Poland, CAT/OP/POL/ROSP/1, Art. 55.
Cf. Committee against Torture, Concluding observations on the seventh periodic report of Poland, 29 August
2019, CAT/C/POL/CO/7, Art. 16.
32
PART IV – Situation in places of detention
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