Rooms for detained persons cal examination should be to establish whether the said person may stay in the PDR or whether he/she should be, for example, in hospital where specialist care is provided. The current legal regulations on medical examination of persons detained by the Police do not take into consideration the recommendations of the CPT, which in its report for the Polish Government from its 2004 visit to Poland recommended ensuring that all new arrivals are medically screened without delay and that the establishments receive regular visits by a doctor or a nurse119. This is supported by international recommendations120. In her motion to the Police Commander-in-Chief121, the Human Rights Defender pointed to the necessity to ensure medical examination of all detainees. The issue was not resolved as recommended by the Defender, and thus the NPM will continue to monitor the issue to find whether other powers of the Human Rights Defender may be used. In addition, the said solution must be changed, since the medical examination of certain individuals interferes with the privacy of an individual and as such should be regulated by a statutory act. 3.  Insufficient personnel in PDRs. The representatives of the National Preventive Mechanism believe that the Order No 130 of the Police Commander-in-Chief of 7 August 2012 on the methods and the form of performing tasks in the room for detained persons or persons brought to sober up should also be amended. Pursuant to Article 2(2) of the Order, the head of the unit shall organise the service so that there is as least one police officer on duty in the room. In practice, it is frequently the case that one police officer is on duty at the PDR and he/she is, at the same time, a deputy for the duty officer at the Police headquarters and has to perform certain duties ordered by the latter. It is physically impossible for one person to ensure safety and control in the detention room. While performing certain duties, such as admitting a detained person, the police officer will not be able to notice an accident, which may occur in one of the rooms, Article 44 CPT (2005)3. Pursuant to Rule 24 of the Body of Principles for the Protection of All Persons under any Form of Detention or Imprisonment (Resolution of the General Assembly of the UN No 43/173 of 9 December 1988) a proper medical examination shall be offered to a detained or imprisoned person as promptly as possible after his admission to the place of detention or imprisonment, and thereafter medical care and treatment shall be provided whenever necessary. This care and treatment shall be provided free of charge. 121 RPO-687961-VII/11, http://www.sprawy-generalne.brpo.gov.pl/szczegoly.php?pismo=1625408. 119 120 63

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