The SPT recommends that Poland should take appropriate steps in order to ensure that all arrested persons are subject to a free examination performed by a medical specialist who can work independently without the presence of a police officer. In compliance with the Istanbul Protocol such medical specialists should be trained in the field of examining persons who could have been subjected to torture or illtreatments and in registering such cases62. According to the CAT recommendations, Poland should take effective measures to ensure that apprehended individuals are subjected to a confidential medical examination by an independent doctor within 24 hours from their arrival to the detention place. They should also be entitled to request an independent medical examination at any time63. The careful and prompt registration and reporting of such evidence makes it much easier to investigate cases of possible ill-treatment and to hold the perpetrators responsible, which in turn is an important element of preventing future ill-treatment. Any injuries that are noticed should be entered in a special form provided for this purpose, with body charts to mark the injuries, which will be kept in the medical file. It would also be desirable to photograph the wounds and the photographs should be attached to the medical file64. The postulated obligation for all detained persons to undergo a medical examination and to have all their injuries documented also protects police officers against false accusations that the injuries took place while they were under the police supervision. Lack of legal measures to protect whistle-blowers Effective prevention of torture requires the establishment of an appropriate legal framework and institutional culture which would enable police officers to report cases of misconduct of their colleagues without the risk of retaliation or imputation of disloyalty towards their professional group. The law still lacks appropriate procedures that would make it possible for officers to report cases of ill-treatment of detainees by other officers, in a confidential and safe manner. Theoretically, an officer 62 Report on the SPT visit to Poland, CAT/OP/POL/ROSP/1, para. 55. 63 Committee against Torture, Concluding observations on the seventh periodic report of Poland, 29 August 2019, CAT/C/POL/CO/7, para. 16. 64 Also, CPT recommends that a specific register of injuries be kept to record all types of injuries, cf.: Report on the CPT visit to Poland in 2017 [CPT/Inf (2018) 39], para. 80. 44

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