Places visited by the National Preventive Mechanism in 2011
should only be searched by staff of the same gender and that any search which requires an
inmate to undress should be conducted out of the sight of custodial staff of the opposite gender.
Mixed gender staffing is another safeguard against ill-treatment in places of detention. The
presence of both male and female staff can have a beneficial effect in terms of both the custodial ethos and in fostering a degree of normality in a place of detention. Mixed gender staffing
also allows for appropriate staff deployment when carrying out gender sensitive tasks, such
as searches84. Irregularities related to the place of performing strip searches – the lack of
guarantee that no third persons were present, and the lack of information about the course
of the procedure were found in 8 PDRs85. Inappropriate choice of the place to perform
searches consisted in practice in the use of a monitored room86 or a connecting room (corridor, hall) accessible for third persons87. Among the establishments where irregularities of
strip searches of the detainees were revealed were Chojnice PDR and Kętrzyn PDR, where
additionally some searches were carried out by persons of opposite gender. In the opinion of the officers on duty in the former establishment, the criticised procedure could be
justified by the fact that strip searches of a woman were performed by two male officers to
ensure more effective defence in case of sexual harassment charges by the detained person.
In the opinion of the Mechanism, such an explanation is unacceptable.
In order to verify the entries in the duty log books confirming that PDR’s officers controlled the state of detained persons through spyholes in the doors of the rooms where
those persons were kept, the employees of NPM used recordings from the monitoring
system. In accordance with the wording of Article 13 of the Order No 1061 of the Police
Commander in Chief on methods and forms of executing tasks in rooms for detained persons or persons brought to sober up of 2 September 200988, officers on duty in PDRs are
obliged to control the behaviour of detained persons at least every 30 minutes or at least
every hour if the room is equipped with a monitoring system. Due to the fact that during
the visit, 7 establishments had neither monitoring equipment nor equipment for archiving monitoring recordings89, it was impossible to compare the content of duty log books
with the monitoring recordings. In 3 other PDRs, inconsistencies were revealed between
the time of controlling the rooms for the detainees that had been entered in the log book
and the monitoring recordings that were to confirm the said control90. With reference to
these units, the Mechanism ordered that the obligation to control the behaviour of persons
detained and placed in PDRs should definitely be complied with.
In PDR Warszawa VI, the analysis of the duty log book revealed that no controls of
the state of detained persons were carried out at night. Police officers informed the NPM
See: para. 26 of the 9th General Report [CPT/Inf (99) 12].
PDRs: Tarnów, Kalisz, Grudziądz, Sławno, Gorzów Wlkp., Lublin, Chojnice, Kętrzyn.
PDRs: Kalisz, Sławno, Lublin.
87
PDRs: Tarnów, Grudziądz, Gorzów Wlkp.
88
Dz. Urz. KGP No 12, item 56.
89
PDR Poznań-Stare Miasto does not have a monitoring system; PDRs in Olesno, Zwoleń, Sochaczew, Zawiercie, Chojnice,
Drawsko Pomorskie have monitoring systems but without a possibility of archiving the recordings.
90
PDRs: Ostrów Wielkopolski, Drawsko Pomorskie, Kętrzyn.
84
85
86
53
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