Detention centres of Military Gendarmerie (mandatory for certain persons), as an activity deeply interfering with the right to privacy, should be regulated by statute to comply with the Constitution of the Republic of Poland. 8. Detention centres of Military Gendarmerie 8.1 Introduction In 2015, the representatives of the Mechanism visited 3 detention centres (hereinafter referred to as the “DCMG”, the “centre”)107. 8.2 Systemic problems 1) Personal control of persons placed in the centre As indicated in the Report of 2014108, personal controls of persons placed in DCMGs (of both their clothing and body) are performed pursuant to § 28 of the Ordinance of the Minister of National Defence of 10 September 2014 on detention centres109 (hereinafter referred to as the “DCMG Ordinance”) which is a legal act of lower rank than a statute. It should be emphasised that this activity, as interfering with the right to personal inviolability and liberty protected by Article 41(1) of the Constitution of the Republic of Poland should be regulated in a legal act of statutory rank. In accordance with Article 31(3) of the Constitution of the Republic of Poland, any limitation upon the exercise of constitutional freedoms and rights may be imposed only by statute, and only when necessary in a democratic State for the protection of its security or public order, or to protect the natural environment, health or public morals, or the freedoms and rights of other persons. Given the foregoing, the Commissioner for Human Rights requested the Minister of National Defence in her letter of 4 March 2015110 to take a legislative initiative aimed at regulating a personal control of persons placed in detention centres of Military Gendarmerie in a legal act of statutory rank. In his reply of 30 March 2015, the Minister pointed out that personal controls in detention centres are performed pursuant to Article 17(1) (10) of the Act of 24 August 2001 on the Military Gendarmerie and military law enforcement authorities111. At the same time, he decided that works on amending the provisions should be deferred until the Constitutional Tribunal rules on the Commissioner for Human Rights’s applica DCMGs in: Kraków, Szczecin and Elbląg. https://www.rpo.gov.pl/sites/default/files/BIULETYN%20RZECZNIKA%20PRAW%20OBYWATELSKICH%202015%2C%20 nr%204%20%C5%B9R%C3%93D%C5%81A_0.pdf 109 Dz.U. of 2014, item 1358. 110 KMP.570.40.2014.DK; https://www.rpo.gov.pl/pl/content/wyst%C4%85pienie-generalne-z-dnia-04032015-r-do-ministraobrony-narodowej-w-sprawie-kontroli 111 Dz.U. of 2013, item 568, as amended. 107 108 47