Commander, that in the Guarded Centre in Krosno Odrzańskie strip searches take
place regularly, normally once a week and they are not justified by security and order
requirements. The fact that strip searches take place without the presence of third
persons is not a basis to recognize them as legitimate.
The National Preventive Mechanism recognizes the inspection carried out
with a service dog as inexplicable. The fact that a serious act of aggression takes
place in the country of a person’s origin cannot justify actions undertaken against
this person. It needs to be noted that, apart from indicating the nationality of persons
staying in the Guarded Centre, the Commander failed to indicate legal basis for taking
this action, despite his assurances that it was a one-off action.
c) Right of access to information
European Convention for the Protection of Human Rights and Fundamental
Freedoms (open for signature on 4 November 1950, Dz.U. 1993, No 61, item 284)
Art. 5. 2. Everyone who is arrested shall be informed promptly, in a language which he
understands, of the reasons for his arrest and of any charge against him.
Resolution of the United Nations General Assembly 43/173 of 9 December 1988:
Principle 10 Anyone who is arrested shall be informed at the time of his arrest of the
reason for his arrest and shall be promptly informed of any charges against him.
Resolution of the United Nations General Assembly 43/173 of 9 December 1988:
Principle 13 Any person shall at the moment of arrest and at the commencement of
detention or imprisonment, or promptly thereafter, be provided by the authority responsible
for his arrest, detention or imprisonment, respectively, with information on and an
explanation of his rights and how to avail himself of such rights.
Resolution of the United Nations General Assembly 43/173 of 9 December 1988:
Principle 33 A detained or imprisoned person or his counsel shall have the right to make a
request or complaint regarding his treatment, in particular in case of torture and other
cruel, inhuman or degrading treatment, to the authorities responsible for the administration
of the place of detention and to higher authorities and, when necessary, to appropriate
authorities vested with reviewing or remedial powers.
Recommendation Rec(2001)10 of the Committee of Ministers to Member States on the
European Code of Police Ethics:
55 The Police shall, to the extent possible according to domestic law, inform promptly
persons deprived of their liberty of the reasons for the deprivation of their liberty and of any
charge against them, and shall also without delay inform persons deprived of their liberty of
the procedure applicable to their case.
CPT: 12th General Report [CPT/Inf (2002)15]:
44 Rights for persons deprived of their liberty will be of little value if the persons concerned
are unaware of their existence. Consequently, it is imperative that persons taken into police
custody are expressly informed of their rights without delay and in a language which they
understand. In order to ensure that this is done, a form setting out those rights in a
straightforward manner should be systematically given to persons detained by the police at
the very outset of their custody. Further, the persons concerned should be asked to sign a
statement attesting that they have been informed of their rights.
Standards of the European Committee for the Prevention of Torture. Excerpts from
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