Report of the CHR on the Activities of the National Preventive Mechanism in Poland Another problem that the visiting team faced while executing the mandate of NPM was the fact that the ombudsmen for patient rights from the psychiatric hospital refused access to the documents related to the stay of detained persons at psychiatric hospitals184. It was indicated that the provision of detailed data on the operation of the ombudsmen for patient rights at the psychiatric hospital will be possible only after a written request is filed with the Ombudsman for Patient Rights, as their superior. Therefore, the Deputy Commissioner for Human Rights turned to the Ombudsman for Patient Rights, explaining the legal regulations that entitle the representatives of the National Preventive Mechanism Team to access and process the data included in the documentation of the Ombudsmen for Patient Rights at the Psychiatric Hospital at the inspection site185. In response the Ombudsman for Patient Rights indicated that the adopted mode of procedure of ombudsmen for patient rights at the Psychiatric Hospital is correct, as the body competent to cooperate with the Commissioner for Human Rights is the Ombudsman for Patient Rights, not the employees of that body. As the argumentation presented by the Ombudsman for Patient Rights did not consider all regulations concerning the entitlements of the Commissioner for Human Rights, including the provisions of OPCAT, the Commissiner for Human Rights sent a general letter to the Prime Minister186, in which she indicated that the body that is subordinate to the Prime Minister does not respect their entitlements and hinders holding preventive inspections. In response to the letter, the Head of the Office of the Prime Minister informed the Commissioner that as part of the supervision exercised by the Prime Minister over the Ombudsman for Patient Rights, an analysis of the actions were made, and they were obliged to facilitate internal procedures, which regulate the mode of submitting information and documentation to the representatives of NPM187. The situation concerned the inspection at the Specialist Psychiatric HCC in Jarosław and Independent Public HCC Central Clinical Hospital at the Medical University in Łódź. Letter of 1 December 2014, KMP.574.30.2014.WS. 186 Letter of 23 March 2015, KMP.574.30.2014.WS. 187 Letter of 20 May 2015, DKN222 7(5)/15, https://www.rpo.gov.pl/sites/default/files/Odpowied%C5%BA%20Szefa%20Kancelarii%20Prezesa%20RM%20z%20dnia%2020.05.2015%20r.pdf 184 185 76

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