Each time the National Preventive Mechanism also verified the conditions
and methods of observing rights of patients towards whom preventive measures
were applied. The visitors found certain irregularities in this regard. It occurred in
certain hospitals that patients towards whom a preventive measure was applied
under basic security conditions were placed in two separate court wards with basic
security conditions. In these wards separate regulations were in force and were
stricter than rules of organisation and order in force in other wards. Such practice
is inconsistent with binding regulations in this scope (Article 10 of the Ordinance
of the Minister of Health of 10 August 2004 laying down the list of psychiatric
and rehabilitation facilities where security measures are to be applied, as well as
on the composition, appointment procedure and tasks of psychiatric commission
for security measures (Dz. U. No 179 item 1854, as amended). In the case of
preventive measures exercised under reinforced security conditions, NPM visitors
found out that most requirements specified in Article 4 of the abovementioned
Ordinance were fulfilled. Nevertheless, a norm regarding the employment of
twice as many staff members as the number of patients was not met (Regional
Psychiatric Hospital in Lubiąż, Independent Regional Public Hospital in Gorzów
Wielkopolski). Moreover, the Regulation concerning the stay of patients in a
twenty-four-hour psychiatric and court ward with reinforced security conditions
was introduced in a ward for patients towards whom a preventive measure under
reinforced security conditions was exercised. The Ordinance of the Minister of
Health of 10 August 2004 was provided as the legal basis for the Regulations,
whereas the subjective Ordinance does not entitle hospital administration to
establish separate regulations in psychiatric and court wards (Article 10(3) of the
Ordinance).Introduction of separate regulations, and in particular, introduction of
additional restrictions and discipline, is intolerable (Regional Psychiatric Hospital
in Lubiąż).
e) Right to contact with the outside world
8th General Report [CPT/Inf (98) 12]
54 The maintenance of contact with the outside world is essential, not only for the
prevention of ill-treatment but also from a therapeutic standpoint.
Patients should be able to send and receive correspondence, to have access to the telephone,
and to receive visits from their family and friends. Confidential access to a lawyer should
also be guaranteed.
As regards the respect for patient rights to maintain contacts with the outside
world (particularly those patients who are kept involuntarily or towards whom a
preventive measure is exercised), doubts arose when it came to limitations included in
house rules of visited hospitals. In one of the establishments, a document entitled
“Visits”, contained a ban on visiting patients by children (paragraph 5). Such
regulation infringes the right of "detainees" to maintain contacts with their families.
Limitations concerning phone contacts with close friends and relatives were also
observed. In accordance with Regulations concerning the stay of patients in a
twenty-four-hour psychiatric and court ward with reinforced security conditions
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