Report of the Polish Commissioner for Human Rights on the Activities of the National Mechanism for the Prevention ...
of detainees, filling in official documentation and admitting, releasing or
transferring PDR detainees, it is impossible to supervise, at the same time,
other detainees who what to make use of their rights (e.g. use sanitary facilities, have some product purchased via a police patrol, etc.). It is also significantly more difficult to react to emergency situations, including, for example, suicide attempts. Moreover, according to the NMPT findings, a deputy
shift officer, while on duty at a PDR, has to remain in the control room which
poses a risk of delay in arriving to the PDR in the case an adverse event has
taken place.
The risks related to the fact that only one officer is responsible for a PDR
while on duty were also highlighted by police officers themselves in the visited facilities.
In view of the above, it is difficult to agree with the information contained
in the reply of the Secretary of State of the MIA to the CHR’s report on the
activities of the NMPT in 2015157. According to that reply, the National Police Headquarters have determined that a deputy shift officer, while on duty
in a PDR, does not at the same time perform other tasks relating to the command of the police station.
A significantly stronger guarantee of safety of detainees is provided by
the standards adopted by the Border Guard service. According to Article
3(3) of the Ordinance no. 88 of 18 November 2015 of the Chief Commander
of the Border Guard, regarding the methods of performing service in rooms
for detained persons, located within Border Guard units158, there should be
at least two border guard officers on duty.
The NMPT will continue to monitor the issue described above.
7. Security search conducted on detainees undressed down
to their underwear, or strip search
Representatives of the NMPT still come across situations in which detailed security search, referred to in the Regulation of the Minister of the
Interior of 4 June 2012 on rooms for detained persons or intoxicated persons to sober up, transitional facilities and police emergency centres for
children, as well as rules and regulations on the stay in such facilities and
Reply of the Secretary of State in the MIA of 19.12.2016 on the CHR’s report on the activities of the
NPM in 2015, ref. no. DPP-OP-0790-14/2016/PW.
158
Official Journal of the National Border Guard Headquarters of 2015, item 84.
157
56
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