Report of the Polish Commissioner for Human Rights on the Activities of the National Mechanism for the Prevention ...
In the current legal situation, in the context of the obligation to adjust
disciplinary proceedings and investigations to the ECHR standards, the
question appears how police officers will be able to determine the types and
reasons of supervised persons’ injuries if there is no obligation to conduct
medical examinations of all detainees. Thus, in the event any injuries are
identified in a released person, they will be presumed to have occurred during the period of detention.
The CPT, in Article 44 of its report to the Polish government on the visit
to Poland in 2004, recommended that all new arrivals are medically screened.
The report on the 2013 visit, in Article 30, included the recommendation that
the records drawn up following the medical examination of detained persons in
police establishments contain: (i) an account of statements made by the persons
concerned which are relevant to the medical examination (including their description of their state of health and any allegations of ill-treatment), (ii) a full
account of objective medical findings based on a thorough examination, and (iii)
the health-care professional’s observations in the light of (i) and (ii), indicating the
consistency between any allegations made and the objective medical findings.
The provisions of the aforementioned Regulation of the Minister of the
Interior cannot, therefore, be considered as compliant with the CPT recommendations or the ECHR standards.
The issue of medical examination of detainees was also raised in the CHR’s
general intervention to the Minister of the Interior and Administration of
10 December 2015, concerning the implementation status of the Strategy127.
Unfortunately, the Minister did not address this subject128.
However, according to the information provided by the Secretary of State
of the MIA in his letter of 14 June 2016, the obligation to conduct a medical examination only after it has been requested by a person detained by the police,
or if he/she has visible injuries, is considered one of the solutions for counteracting potential abuse of powers by Police officers129. A similar position on the
possibility of medical examination of intoxicated detainees, at their explicit
request, was taken by the Secretary of State of the Ministry of the Interior and
Administration in his reply of 12 December 2016130 to the CHR’s Report on
the activities of the NMPT in 2015, in which the issue was also raised.
CHR’s general intervention of 10.12.2015 to the MIA, ref. no. KMP.570.24.15.
Reply of the Secretary of State of the MIA of 25.01.2016, ref. no. BMP-0790-6-7/2015/MJ.
129
Reply of the Secretary of State of the MIA of 14.06.2016, ref. no. BMP-0790-4-6/2016/MJ.
130
Reply of the Secretary of State of the MIA of 19.12.2016 to the CHR’s Report on the activities of the
NMPT in 2015, ref. no. DPP-OP-0790-14/2016/PW.
127
128
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