However, the visitors were deeply concerned that proper documentation about
checks on immobilised persons did not mean that such checks were actually executed.
At the sobering-up station at Gliwice, information about application of direct coercion
measures was properly noted both in the book of reports and in patient records. An
additional documentation on the watching of patients provided information about
checks executed every 15 minutes. The visitors watched monitoring records for one
immobilisation case in order to verify the correctness of that documentation. The
patient’s records provided information about checks every 15 minutes while pictures
from monitoring did not confirm that checks required by § 11 paragraph 1c of the
Ordinance81 were actually taking place. Therefore, the visitors recommended the
station to perform reliable checks of all patients to whom direct coercion measures
were applied in the form of immobilisation. Answering, the head of the station
informed that the staff were instructed to carry out reliable checks of the health status
of such patients as required.
Representatives of the National Preventive Mechanism emphasised the
importance of holding a specific register regarding extraordinary cases and application
of direct coercion measures. Although the Ordinance does not expressly impose such
obligation, it imposes the duty to collect and to submit statistics. Such register would
not only allow for a more prompt submission of such statistics, but also would allow
for an efficient tracking of data and a more prompt responce to complaints. At the
same time, such register would help to analyse cases of application of direct coercion
measures, including justification of their application (Gdańsk). Reacting to these
recommendations, the Mayor of Gdańsk informed that he had ordered the head of the
station to start a specific register for such cases.
d) Protection against ill treatment – the forcible changing into disposable
clothing
Case Wiktorko v Poland82, Decision of 31 March 2009: if such body searches are needed,
in cases when it is necessary to ensure safety in prison, or to prevent chaos or crime, they
must be escorted in an appropriate way and be justified. They should be escorted in a proper
way with respect for the human person and have an appropriate goal (Yankov v. Bulgaria,
No. 39084/97, § 166-176, ETPCz 2003-XII; Wainwright v UK, nr 12350/04, § 42, ETPCz
2006-...). Even individual cases of body search were held as degrading treatment as regards
the way they were escorted, the possibility that they were escorted to humilate and to
degrade, and the lack of justification (v. Valašinas v Lithuania No. 44558/98, § 117, ETPCz
2001-VIII). The Court also holds that when the order to undress to make a body search is
not linked in a determined way to the keeping of safety or prevention of crime and disorder,
Article 3 of the Convention may be infringed (Wainwright, op. cit., § 42; Wieser v Austria,
No. 2293/03, § 40, 22 February 2007, where the claimant was undressed by police officers).
Having analysed a patient’s records, selected at random, containing information
that physical coercion was used in order to undress the patient, NPM representatives
watched the monitoring record regarding admission of that person. The picture
confirmed the practice of forcible undresssing. The visitors were alarmed by the
81
82
Idem
Complaint No. 14612/02
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