Use of medical reports

Poland

Country Report: Use of medical reports Last updated: 30/11/20

Author

Independent

The law provides that a medical or psychological examination can be conducted in order to assess whether a person needs special treatment with regard to procedural safeguards and reception.[1] There is no medical examination for the purpose of confirming past persecution or serious harm.

NGOs report that the Office for Foreigners does not, in principle, require opinions from experts in order to determine, for example, basing on of scars and wounds if an applicant has been a torture victim. Such a practice makes it difficult for foreigners to prove that they have been victims of torture in the country of origin. Foreigners arrive in Poland frequently with visible signs of torture. In such cases ordering of an examination by an expert could help acquire reliable evidence of experienced violence.[2]

According to the Commissioner for Human Rights, there is a poor knowledge of the Istanbul Protocol among medical staff and psychologists in the detention centres.[3]


[1] Article 68 Law on Protection.

[2] M.Jaźwińska, Postepowanie w przedmiocie udzielenia ochrony międzynarodowej, [in] Stowarzyszenie Interwencji Prawnej (SIP), SIP w działaniu. Prawa cudzoziemców w Polsce w 2018 r. (2019), available (in Polish) at: http://bit.ly/2S507LV, 20.

[3] Conference presentation of the representative of the National Mechanism for the Prevention of Torture, 3 December 2018, Milan, information available (in Polish) at: http://bit.ly/2T5YvE7

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation