Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2014
emphasis should be placed on developing interpersonal communication skills, based
on respect for human dignity. The possession of such skills will often enable a police or
prison officer to defuse a situation which could otherwise turn into violence, and more
generally, will lead to a lowering of tension, and raising of the quality of life, in police
and prison establishments, to the benefit of all concerned”119. The CPT places special
emphasis on the need to develop interpersonal communication skills.
In the opinion of the representatives of the NPM, the training offer should
be extended to include additional issues so that PDR personnel know how to work
with difficult persons without hurting them, how to provide first aid to persons in
various physical or mental states, how to deal with stress and aggression, etc.
5. Border Guard rooms for detained persons
5.1. Introduction
In 2014, the representatives of the Mechanism performed visits to six Border Guard rooms for detained persons120 (hereinafter referred to as the “BGDR”,
the “centre”).
5.2. Systemic problems
1. Personal search of detained persons
A detained person is subject to detailed examination. Detailed examination
of a foreigner, which consists in visual body inspection, check of clothes, underwear and shoes, as well as objects owned by such a foreigner or belonging to him/her,
is stipulated in Article 412(2) of the Act of 12 December 2013 on foreigners121 only in
relation to such establishments as a guarded centre or a detention centre for foreigners
and it can only be carried out in such places, not in the rooms for detained persons.
2. Medical examination of detained persons
The Ordinance of the Minister of the Interior and Administration of 27 June
2002 on the course of examining persons detained by officers of the Border Guard
(hereinafter referred to as the “Ordinance of 27 June 2002”)122 and the Ordinance
of 20 June 2011 are legal acts governing medical examination of detained persons.
As an activity deeply interfering with the right to privacy, the issue of performing medical examination (mandatory for certain persons) should be regulated by
CPT/Inf (92)3.
BGDRs in: Białystok, Bobrowniki, Gdańsk, Hrubieszów, Michałowo, Warsaw.
121
Dz.U. of 2013, item 1650, as amended.
122
Dz.U. No 98, item 893.
119
120
42
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