Country

Poland

Detention issue

Healthcare

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Executive Penal Code (Ustawa z dnia 6 czerwca 1997 r. Kodeks karny wykonawczy)Prisoners are entitled to free of charge healthcare, medicine and hygienic products. However, they do not have a right to select their own physician.
Minister of Justice regulation on providing medical services by medical entities for persons deprived of liberty (Udzielanie świadczeń zdrowotnych przez podmioty lecznicze dla osób pozbawionych wolności)Each prisoner should be medically examined before being transferred to another unit or before leaving the prison (check-up examination). Whenever the prison is not running a 24h healthcare facility, a prisoner should have the ability, in case of a threat to his life or health, to visit a physician outside the usual process within the physician’s working hours.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2017In its last report, the NPM paid particular attention to the amendment of the Minister of Justice regulation on administrative activities related to performing pre-trial detention or other sanctions resulting in deprivation of liberty and documenting those activities. According to the new meaning of paragraph 35, a prisoner whose life or health is seriously threatened may be admitted to the prison unit and should be immediately provided with sufficient healthcare. The NPM pointed out that the previous meaning of that section denied the prison authority the possibility of admitting a prisoner in such a condition to prison. According to the NPM, as long as the prison healthcare system is unable to provide prisoners with as comprehensive care as public healthcare does, the above-mentioned amendment will pose a threat to prisoners’ health and life. According to the NPM, architectural barriers occur mainly in units that were built long ago, in those that were placed on the list of architectural landmarks and in those that were designed without any adjustments for the needs of prisoners with disabilities. As a result, even if prisoners are placed in cells adjusted to their needs, they are frequently denied, due to architectural barriers, the ability to use common bathrooms, exercise yards, libraries etc. Report details
2018Despite an unambiguous regulation stipulating that in closed-type penitentiary facilities medical services are provided without the presence of non-medical staff, the NMPT still encounters situations where prison guards escorting the inmate remain present during the examination, although the medical staff does not ask for such presence. (…) Such a situation is inappropriate from the point of view of applicable provisions and undermines the protective character of the examination. Report details
https://www.rpo.gov.pl/sites/default/files/Raport_RPO_z_dzialalnosci_KMPT_2019.pdf