NCPAB patient's case at the European Court of Human Rights. Amicus curiae brief of the Commissioner for Human Rights
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The Commissioner for Human Rights presented an amicus curiae brief in the case of a NCPAB (National Centre for the Prevention of Antisocial Behaviour) patient before the European Court of Human Rights (ECHR). The CHR emphasises that the ECHR judgment in this case may have a momentous significance for the practice of dealing with patients, especially in view of the current systemic problems.
The analysed cases of patients of NCPAB show the urgent need for changes in the functioning of these centres, especially in the context of providing adequate medical care, the rules of applying measures of direct coercion and patients' rights to information. The CHR notes that the current law under which these facilities operate requires comprehensive legislative changes, which have not been carried out so far.
The CHR is critical of the practice of direct coercion, especially the presence of guards with equipment for its application. This unjustified and intimidating practice negatively affects the atmosphere in the centres and may pose a threat to both patients and staff. The National Torture Prevention Mechanism recommends a change in the way patients are supervised, based on an individual risk assessment.
The CHR also stresses the need for adequate medical care, especially for patients in serious health conditions. He also expresses his concern about the lack of possibility to release patients from the NCPAB in cases where they do not meet the conditions of posing a threat to society. Comprehensive legislative changes are needed to take into account the individual needs of patients.
In the context of the patients' right to information, the CHR draws attention to the free access to the Internet and mobile phones in the NCPAB. While this provides patients with the possibility to communicate with the outside world, there is a risk of abuse, especially in the context of access to child pornography. The CHR calls for restrictions on the use of these means, in accordance with the law and with respect for the essence of freedoms and rights.
The conclusions of the CHR's opinion before the ECHR are an important contribution to the debate on the functioning of the preventive detention system in Poland. Comprehensive legislative changes and adaptation of the operating practices of institutions such as the NCPAB to the principles of respect for human rights and individual needs of patients are necessary.
