Ordinance of the Minister of Interior and Administration of 13 October 2008 on the
rooms in the Police premises for detained persons or persons brought to sober up and
the regulations concerning the stay in such rooms (Dz.U. of 2008 No 192, item 1187).
Regulations concerning the stay in rooms for detained persons or persons brought to
sober up (Dz. U. of 2008, No 192, item 1187)
§ 10. 5. A person placed in a room receives gratuitous personal care goods necessary for
personal hygiene, including in particular a soap and a towel, for the time necessary for
their use.
§ 11. 1. A person placed in a room has the right to: (…)
4) use sanitary equipment and personal care goods necessary to keep personal hygiene;
(…)
9) smoke tobacco in a determined place – upon permission of a police officer on duty in a
room. (…)
§ 12. 1. A detained person or a person brought to sober up, placed in a room, is obliged to:
(…)
5) keep personal hygiene and the room’s cleanliness; (…)
Living conditions in rooms for detained persons or persons brought to sober up
within the Police organizational units visited by the National Preventive Mechanism in
2010 varied. An overall image of such places of detention is, in the opinion of NPM,
unsatisfactory and fails to comply with national and international legal
standards.
As regards the evaluation of living conditions of Chambers, vast disproportions
between establishments in Bytom, Koszalin, Chełm, Jaworzno, Wrocław and Gdynia
have been observed.
Technical condition of rooms for detained persons within the first three
establishments has been evaluated by NPM as requiring immediate refurbishment due
to
their
excessive
wear
and
tear.
As regards rooms in Bytom and Koszalin, appalling living conditions in those
establishments may lead to inhuman treatment of persons placed in them. The
following added to a very bad image of rooms in these premises: lack of cleanliness
(Bytom)27, failure to comply with legal requirements concerning the equipment and
lighting which was unsuitable to read and write (Jaworzno, Koszalin)28. Dreadful
sanitary conditions were also found – one of washing facilities was out of order due to
renovation works, while in the other one, two shower stands were out of order due to
their bad condition (Chełm). The Mechanism intervened as regards bad living
conditions in the abovementioned establihsments by addressing competent authorities
and recommending the allocation of funds for capital repairs. In the reply concerning
the establishment in Bytom, the Deputy Voivodeship Police Commander in Katowice
stated that due to limited funds it is impossible to undertake capital repairs in this
establishment in the near future. In adequate funds are received, the relevant works
will begin immediately. A similar response was sent by the Municipal Police
Commander in Chełm, who informed the National Preventive Mechanism that the
27
Rooms where nobody was staying during the visit were not tidied up. Full ashtrays and food leftovers were
left on tables. Officers on duty could not indicate the hours when rooms are tidied up by persons employed to
clean up headquarters and rooms for detained persons.
28
Artificial lighting in rooms for detained persons was one low-watt bulb over the entrance door covered with a
metal mesh.
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