Report of the Commissioner for Human Rights on the activities of the National Mechanism for the Prevention of Torture in Poland in 2017 Officer’s presence during examination is harmful for the process of building the right rapport between a patient and a doctor and usually it is not necessary from the point of view of security. The Committee also encourages the personnel of penitentiary establishments to work out alternative solutions intended to reconcile security requirements and the principle of doctor-patient privilege (e.g. installed emergency call system) (CPT) It is important, therefore, to treat the presence of security personnel as an exception, justified in specific cases and resulting from a prior request of medical staff. Prisoner’s medical examination should, in principle, be performed out of sight and hearing of officers47. Respecting the rights of persons with disabilities A disabled prisoner located in the cell on the second floor, while a cell for the disabled is available In one of the establishments a prisoner walking with a crutch was accommodated in an ordinary cell, even though there was still a place available in a three-person residential cell intended for individuals with impaired mobility. The cell in which the prisoner was accommodated was located on the second floor of the pre-trial detention centre, which hindered his access to facilities on the ground floor: bath, prison yards, visit rooms48. The NMPT: Such situations lead to the risk of prisoner’s degrading treatment and should be eliminated Either gym or a walk In one of the establishments the prisoner who wanted to participate in gym activities had to give up his right to a walk. The internal order of the facility considered such a situation admissible. NMPT recommended modifying the internal order in a way which would allow one to benefit from both, a walk and gym classes. 46 47 48 49 CPT report from visit to Poland, CPT/Inf (2014) 21, Article 79 Ibid., Article 79 Pre-trial detention centre in Wałbrzych Cf. Judgement Vincent against France of 26 October 2006, application no. 6253/03 23