Pa r t i I .
employees of the NPM recommend limiting the presence of police officers (who
have to be of the same sex as the detained person) during the provision of medical
services to detainees to situations of justified concern about the safety of medical
personnel, or to places of providing medical services not equipped with appropriate technical safeguards, thus raising concerns that such a detainee might escape.
In this respect, it is therefore necessary to develop, as soon as possible, precise
rules for the presence of a police officer during examination.
4. Right to information about the legal rights
The representatives of the NPM noticed a significant improvement in compliance with § 16(2) of the Ordinance of 4 June 2012, according to which copies of
PDR rules and the list of institutions protecting human rights are placed in the rooms for detained persons or persons brought to sober up so as to prevent their
destruction or their use to make an attempt on human health. During the visits,
the representatives of the Mechanism found no establishment whose premises
lacked these rules. There were several cases where it was necessary to replace
destroyed copies with new ones or add addresses of institutions protecting human rights.
Although the representatives of the NPM found that only one visited Police
establishment lacks translated PDR rules110 or certain language versions are outdated111, other irregularities related to detained foreigners were identified. In one
of the establishments112, protocols of detention on foreigners placed in the PDR as
a result of riots after a football match revealed irregularities related to ensuring an
interpreter, such as: lack of the translated protocol, as a result of which a detainee
denied to sign it, as he/she did not speak Polish, lack of a translator’s signature
under the statement “Translated” in rules of stay of PDR detainees and – in its outdated version of 2003 – lack of information whether detainees’ demand to notify
a consul was met, as well as providing a citizen of the Czech Republic with an interpreter of Italian rather than Czech113. In view of the foregoing, the representatives
of the NPM asked the establishment’s commander for clarification.
issue of performing medical examination of a detained person in the presence of officers
of the Government Protection Bureau and the Border Guard, by introducing appropriate
amendments to the Border Guard Act and the Government Protection Bureau Act.
110
PDR in Chrzanów.
111
PDR in Szydłowiec.
112
PDR in Warsaw I (Warsaw Police Headquarters).
113
The PDR’s documentation lacked information that the citizen of the Czech Republic was an
Italian speaker.
39
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