Part I
According to the replies of the Secretary of State in the MIA, of 4 and
5 August 2016154, it is not possible to automatically transpose the Istanbul
Protocol guidelines so as to develop medical procedures applicable to all
persons admitted to police detention facilities. The Ministry of the Interior
and Administration is of the opinion that the solutions provided for in the
Regulation of the Minister of the Interior and Administration of 13 September 2012 on medical examinations of persons detained by the police are
sufficient and guarantee that medical examinations of detained persons or
intoxicated persons to sober up are conducted by doctors with a medical
specialization adequate to the examined person’s health condition.
In the opinion of the Ministry, there exist no reasons for conducting separate training courses as the current ones cover the subject of human rights
protection, including the subject of torture and other inhuman or degrading treatment or punishment. Moreover, the Police Commander-in-Chief ’s
Plenipotentiary for Human Rights Protection, having examined the content
of the Istanbul Protocol, concluded that the guidelines contained therein are
of general informative nature and recommended the document’s use in this
role to the police.
6. Insufficient staffing of PDRs
In 2016, no amendments were introduced to Article 2(2) of the Ordinance no. 30 of the Commander-in-Chief of the Police of 7 August 2012 on
methods and forms of performing service in rooms for detained persons or
intoxicated persons to sober up155, which provides that the supervising officer
shall organize work in such a way so as to ensure at least one officer on duty
in a police detention room.
In accordance with the regulation156, in most of the rooms visited by the
NMPT there was one officer on duty who was, at the same time, a deputy
for the shift officer and was required to perform other tasks as instructed
by him/her. According to the NMPT’s findings of the previous visits, one
person is unable to simultaneously ensure the safety of detainees and the
possibility for them to exercise their rights. When supervising the behaviour
Reply of the Secretary of State in the MIA of 5.08.2016, ref. no. BMP-0790-4-9/2016/MJ; Reply of the
Secretary of State in the MIA of 4.08.2016, ref. no. BMP-0790-4-8/2016/MJ.
155
Official Journal of the National Police Headquarters of 2012, item 42.
156
The problem was identified in 3 of 4 PDRs visited by the NMPT in 2016: Płońsk, Aleksandrów Kujawski and Busko Zdrój.
154
55
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