Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2013 7.3. Areas requiring improvement 7.3.1. Legality of stay During the visit employees of the Mechanism stated, that opinions about the condition of the health of patients and about progress in curing them, not always have been transmitted to the courthouse with keeping the six-month time predicted in Art. 203 § of 1 Executive Penal Code249. Apart from being at fault in this area on the side of hospitals, the functioning of very courts was also an object for interest of the the NMP representatives. Because they are happening unfortunately the cases of overdue-ness of court decisions on continued use of the preventive measure250 and other shortcomings. 7.3.2. Treatment The prevailing atmosphere at hospitals visited in 2013 was friendly, what results from conversations with patients and from observations of visiting persons. The staff reacted to requests of patients and problems proposed by them. In individual conversations, patients of psychiatric hospitals in general didn’t describe situations appointing them for the abuse by employees of the hospital, so as the physical aggression. In one institution251 there was an exception, indicating the abuse of patients by the ward male nurs, which according to the relation of some interviewed persons referred to them in the uncivil way, rushing them up and pushed to do of some tasks. Peculiarly for the representatives of the NMP the reports were alarming about breaches of the personal inviolability and humiliating treating patients of the Hospital by one of employees, therefore they recommended in this matter formal explaining action to be started, aiming at eliminating described practices252. The staff of psychiatric hospitals doesn’t have entitlements to punish patients. Employees of the Mechanism revealed at two of visited hospitals253, in spite of the lack of legal grounds, applying the unauthorized responsibility towards detained, among others as penalties of 1-2 hours sitting on a chair in the corridor through different offences. Hospitals in: Lublin, Branice and Radom. Hospitals in Ciborz. The matter is being clarified. 251 Hospitals in Radecznica. 252 It appears from the reply of the hospital administrator, that charges of patients in this matter weren’t confirmed. 253 Hospitals in: Radecznica i Branice. 249 250 73