to a doctor. This latter approach could be considered as a more efficient use of available
resources.
It is also desirable that a leaflet or booklet be handed to prisoners on their arrival, informing
them of the existence and operation of the health care service and reminding them of basic
measures of hygiene.
Executive Penal Code (Dz.U. of 1997, No 90, item 557, as amended)
Article 79b. (1) A convict admitted to a prion shall be placed in a temporary cell for a
necessary period, however no longer than 14 days, to subject him to initial medical
examination (...).
Article 115 (1) A convict shall be provided free of charge health services, medications and
sanitary articles (…)
§ 6. In particularly justified cases, Director of a penitentiary unit, having consulted a prison
medical practitioner, may allow a convict, at his own expense, to be treated by a practitioner
of choice, other than the one specified in Paragraph 4 and to use additonal medications and
other medicinal products.
During the visits, the National Preventive Mechanism paid particular attention
to respecting the prisoners’ right to medical care and the functioning of prison
outpatient clinics. As in the case of living conditions, the situation regarding the access
of prisoners to health care varied. A factor limiting the access of prisoners to medical
care is insufficient number of medical personnel employed in penitentiary
establishments. In several establishments, the persons conducting the visit
recommended to eliminate the shortage of staff employed at the position of doctors or
nurses (PDC Warsaw-Grochów, PDC in Zielona Góra, Prison in Rzeszów-Załęże). On
the other hand, prisoners raised reservations concerning the routine approach of
medical practitioners to their health problems, their trivialisation and failure to take
actions to better diagnose their health problems. Opinions that “a doctor examines only
by looking at the patient” or performs a “remote examination” occurred. Prisoners also
complained about long waiting periods for a visit to specialists and the lack of
painkillers, as well as no access to vitamins (PDC in Wejherowo). Interviewd inmates
stated that vitamins were unavailable at the canteen and doctors refused to hprovide
them without clear medical indications. They also stated that they were not allowed to
receive vitamins in parcels. A director of an outpatient clinic informed NPM
representatives that she did not allow sending vitamins from the outside due to safety
precautions, since it is virtually impossible to check the contents of pills. Therefore,
the Mechanism recommended to provide prisoners with the possibility to purchase
vitamins at the canteen.
In the External Ward of the Pre-Trial Detention Centre in Choszczno NPM
found the irregularity consisting in paying for HIV tests in case when a prisoner wants
to undergo such tests on his own initiative. If such tests are performed on the unit’s
initiative (e.g. after gaining significant information concerning the prisoner) - then
they are performed at the unit's expense. In the view of the National Preventive
Mechanism employees, denying prisoners the HIV tests or charging them for
their performance is an improper practice. In accordance with the position of
NPM representatives, as well as the General Director of the Prison Service
(included in the letter sent to the Office of the Human Rights Defender on 17
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