Report of the CHR on the Activities of the National Preventive Mechanism in Poland PG VIII TK 87/13) that they are affected by the same defects as before the amendment”60. The Commissioner for Human Rights also pointed out that the case needs to be resolved by the Tribunal and the amendment to the provision does not change the CHR’s opinion. 3) Performance of personal controls by the personnel Personal controls of charges are performed by the personnel in all the visited juvenile detention centres and juvenile shelters to check whether they do not carry prohibited and potentially dangerous items. Such controls happened to be so thorough that they consisted in taking off underwear61 and doing sit-ups to check whether charges do not carry drugs or other prohibited items in intimate parts of their bodies62. Controls of charges in one establishment were procedurally defined in rules of visits63. It should be stressed at this point that a personal control is one of the most serious interferences with the right to privacy and intimacy and thus authority to perform it must not be presumed. Furthermore, it must not arise out of a legal act of lower rank than a statute. In this context, it is worth pointing out the Judgment of the Constitutional Tribunal of 29 October 2013 (file ref. No U 7/12), which was rendered upon application by the Commissioner for Human Rights, challenging provisions governing a personal control of foreigners held in guarded centres or in custody for the purpose of expulsion. In its judgment, the Constitutional Tribunal stressed that conditions for the admissibility of a personal control of a person deprived of personal liberty can never be left to a secondary legislator. They always must take the form of a statute. At present, however, personal controls in juvenile detention centres and juvenile shelters are performed pursuant to the Ordinance of the Minister of Justice of 17 October 2001 on juvenile detention centres and juvenile shelters64, rather than a statute. Moreover, the Ordinance does not indicate persons authorised to perform personal controls, conditions for their application and a measure of appeal against a decision in this respect. Terminological inconsistency in the Ordinance, which first defines the term “personal control” and later refers to it as a “personal search”65, is also noticeable. The Commissioner for Human Rights requested the Minister of Justice to take legislative action on the matter66. The Minister of Justice replied on 25 April 2014 that the Ministry is working on draft assumptions of the Act on juvenile delinquency proceedings. Relevant regulations have not been adopted to this day, although the representatives of the NPM believe that this issue requires urgent regulation. For both opinions, cf. https://www.rpo.gov.pl/pl/content/wniosek-do-trybuna%C5%82u-konstytucyjnego-w-sprawie-systemu-izolacji-nieletnich-ze-wzgl%C4%99du-na JDC and JS in Głogów. 62 JDC in Ostrowiec Świętokrzyski. 63 JDC and JS in Mrozy. 64 Dz.U. of 2014, item 1054, as amended. 65 Cf. § 2(20) and § 10515(6) of the Ordinance. 66 KMP.573.24.2014.AI.  General letter of  8  April 2014,  https://www.rpo.gov.pl/pl/content/ wyst%C4%85pienie-generalne-do-ministra-sprawiedliwo%C5%9Bci-z-08042014-r-w-sprawie-kontroli-osobistych 60 61 32