Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2013 man Rights Defender petitioned the Prime Minister on the need to develop a comprehensive system of care of intoxicated persons in her petition of 18 November 2013.169 The Defender’s position on this matter was fully supported by the Minister of the Interior, but the Minister of Health opposed it.170 The analysis of their responses requires the Defender to take further action in this regard. 4.2.2. Medical examination of detained persons The issue of medical examinations of persons placed in PDRs did not change in 2013 either. Only in four visited establishments all persons deprived of liberty were subject to examinations in health care centres.171 In other visited establishments, medical services were provided to persons brought to sober up, with visible injuries to the body and those who requested an examination. The problem of different treatment of detained persons in this respect, depending on the basis for detention, also remains unsolved. Persons who have the status of a detained person and are under the influence of alcohol are not subject to obligatory medical examination. This means that persons in the same situation (intoxicated detainees must sober up to take part in legal proceedings and those brought to sober up must do so to be released) are, according to the law, treated differently insofar as the obligatory medical examination is concerned, although in both cases an examination should serve establishing whether a given person can stay in a PDR and not e.g. in a hospital, where specialist care would be provided. Despite the recommendations of the CPT which, in its report for the Polish government from its 2004 visit to Poland, it recommended to ensure that all new arrivals are medically screened without delay and that the establishments receive regular visits by a doctor or a nurse172 UN General Assembly Resolution 43/173 of 9 December 1988, petition of the Human Rights Defender and Reports of National Preventive Mechanism representatives, the regulations have not changed. 4.2.3. Insufficient staffing of PDRs The provisions of § 2(2) of the Order No 130 of the Police Commander-inChief of 7 August 2012 on the methods and the forms of performing tasks in the room RPO-738421-VII-720.7/13/MMa. Cf. replies of 4 December 2013 and 31 January 2014. http://www.rpo.gov.pl/pl/content/wyst%C4%85pienie-do-prezesa-rady-ministr%C3%B3w-wsprawie-izb-wytrze%C5%BAwie%C5%84 171 PDRs in: Kolbuszowa, Lubliniec, Puck, Wałcz. 172 § 44 CPT (2005)3. 169 170 56