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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