the National Preventive Mechanism, direct supervision over the conversation and
acquiring data of interlocutors and their copying into dossiers are groundless.
As regards doubts which arose among the visitors, the Commander of the
Border Guard Unit in Lubań explained that the need to perform constant supervision
over foreigners, including those using a phone, results from Article 38 of the
Regulations No 2 of the Chief Commander of the Border Guard of 20 March 2008 on
performing the service by Border Guard officers in a guarded centre for foreigners
and in rooms of a deportation centre. Officers' actions are directly aimed at adequately
executing the task of a constant supervision over the foreigner outside a cell, but not
over the contents of his phone conversations. As regards the recording the acts of
phone calls by foreigners, the Commander instructed the officers to immediately
refrain from this practice.
e) Living conditions
European Union Council Directive 2000/43/EC of 29 June 2000 implementing the
principle of equal treatment between persons irrespective of racial or ethnic origin in
all spheres of social life, inter alia, social care, including social security and health care,
education and access to publicly available goods and services.
CPT Standards. Extract from the 7th General Report [CPT/Inf (97) 10] on foreign
nationals detained under foreigners legislation: such centres should provide
accommodation which is adequately furnished,clean and in a good state of repair, and which
offers sufficient living space for the numbers involved. Further, care should be taken in the
design and layout of the premises to avoid as far as possible any impression of a carceral
environment.
Act of 13 June 2003 on foreigners (Dz.U. of 2006 no. 234, item 1694 as amended) art.
117.
Ordinance of the Minister of Interior and Administration of 26 August 2004 on the
conditions to be met by guarded centres for foreigners and deportation centres and the
organizational and order regulations for the foreigners' stay in guarded centres for
foreigners and deportation centres (Dz. U. no. 190, item 1953).
Ordinance of the Minister of Interior and Administration of 11 December 2007 on the
conditions of receiving meals and drinks by foreigners placed in a guarded centre or in
a deportation centre and the value of the daily food standard (Dz.U. no. 236, item 1742).
A room for foreigners (in case of guarded centres) and a cell (in case of deportation centres)
is equipped with equipment providing a foreigner with a separate place to sleep, suitable
conditions of hygiene, adequate air supply and temperature appropriate to the season as well
as lighting adequate for reading. The area of these rooms may not be less than 3 m² per one
man or 4 m² per woman or juvenile.
Accommodation shall be organized in a way so that families could stay together. As a
general rule, foreigners of a different gender are placed in separate rooms and
unaccompanied juvenile foreigners - in a separate part of the centre in a way preventing
contact with adults placed in the centre.
The foreigner is provided, free of charge, with cosmetics necessary for maintaining personal
hygiene. He/she may receive, also free of charge, clothes, underwear or shoes appropriate to
the season if his/her your own things are not suitable for use (also for reasons of hygiene)
and when he/she cannot buy them on their own.
When preparing meals for foreigners, their age, condition (e.g. if this is a pregnant woman),
medical recommendations and religious and cultural requirements are taken into account.
Foreigners staying in centres receive three meals a day, including one hot meal and
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