Conditions in detention facilities

The Law on Foreigners contains a section on detention conditions, rights and obligations of foreigners.[1] Some practices relating to the functioning of the centres have now been framed into the legal provisions. Below we present how the conditions are in practice.

Overall conditions

Six centres (Białystok, Kętrzyn, Biała Podlaska, Przemyśl, Lesznowola, and Krosno Odrzańskie) are relatively new and in good condition (they were built after 2008), Krosno Odrzańskie, Białystok and Lesznowola have been renovated in recent years. The guarded centre in Białystok was renovated until the end of 2018 and the renovation will resume in 2020 and 2021. In addition, the guarded centre in Przemyśl and Biała Podlaska will also be renovated and the new premises for families with children are to be built in guarded centre in Lesznowola in 2020 and 2021.

In 2018 the SG bought equipment for all guarded centres: furniture (tables, beds, cupboards, sofas), smoking cabin, home appliance (supplies for bathroom sand kitchens), multimedia equipment for educational classrooms and 4 cars for foreigners transportation.[2] However, the Commissioner for Human Rights underlined that rooms and washrooms in detention centre in Biała Podlaska should be renovated.[3] In 2019 the SG bought equipment for guarded centres in Kętrzyn (two washing machines, water dispensers) and in Biała Podlaska and Przemyśl (kitchen equipment for canteens).

In Krosno Odrzańskie where only men are placed, foreigners stay in eight, six or four-bed rooms.[4] In Lesznowola rooms have adequate access to natural light and double rooms measure 14 m2 each. In Białystok rooms are well -lit and ventilated.[5]

The main equipment in a room consists of beds, small wardrobes and a small table. In Lesznowola there is a television in each room (also in Krosno Odrzańskie), a room for preparing meals on their own, laundry, drying room, gym and outdoor pitch. On the other hand there is only one smoking room per two blocks, which is inaccessible after 10 p.m. for detainees from the other block.[6] If people placed in the centres cannot have all their belongings in their room, they have to place them in external storage space in the centre. Some of their belongings are also placed there for safety reasons and can be accessed only upon request. A sufficient space between beds is provided. As for privacy matters, the rooms cannot be locked at night and in some centres the SG checks per night if the detainees are present (e.g. in Białystok and Lesznowola in 2017). There were also concerns about privacy in sanitary facilities in the men's part of the building in some centres (e.g. in 2017 in Białystok).[7]

Before the admission to the guarded centre and in situations justified on grounds of safety and order, foreigners are subject to detail checks. Foreigners have to take off all clothing and underwear. According to a 2016 report of the Commissioner for Human Rights, foreigners complained about the conditions in which the check was carried out,[8] although the Border Guard implemented new standardised guidelines on a two-stage checking of the foreigner, i.e. from the waist up and after dressing up from the waist down.[9] The CPT reported that this two stage approach was not duly followed in practice.[10] SG did not confirm any complaints on this issue but the management of all detention centres was reminded about this rule in March 2018. There were no complaints regarding this issue in 2019.

On the other hand, the personal checks in Krosno Odrzańskie are conducted in a warehouse which violates people’s dignity. There are no windows but only metal shelves along the walls. Personal checks take place in a fairly narrow space between the bookshelves.[11]

In February 2018, the Commissioner for Human Rights published a report of a visit to the detention centre in Przemyśl in October 2017, describing cases of improper conditions of arrests for foreigners. Problems in sanitary facilities are visible and the privacy and intimacy of detained persons are not ensured.[12]

Conditions in Biała Podlaska and in Ketrzyn[13] detention centre are good, especially premises for additional classes for children. They are adapted to the needs and interests of children, which has a positive impact on their development.

Foreigners are subject to constant monitoring, which is disproportionate to their situation and applied in the penitentiary system only to particularly dangerous prisoners. In addition, foreigners do not have access to the toilet at all times because there are no sanitary facilities in the cells. Foreigners have to ask the guard every time to allow them to use the toilet. The Commissioner for Human Rights noticed some urinated plastic bottles and considered such conditions to be inhumane.[14]

In some detention centres, the food is provided by external providers, while in others it is prepared in the centres (e.g. in Bialystok). Additionally, detainees have access to the microwave (e.g. in Bialystok) or a separate place where they can prepare food by themselves (Lesznowola). There are several specific diets e.g., vegetarian, vegan, adapted to Muslims, adapted to pregnant or breastfeeding women or diabetics. Other diets can be respected on prescription of the physician.[15]

In the opinion of the Commissioner for Human Rights, one of the part of the detention centres – of limited use, dedicated to men – in Przemyśl needs to be renovated and adapted to the needs of foreigners of both genders. At the moment, the entrance to the laundry room is situated in the bathroom, which cannot be functional if the number of persons in the centre is high.

Additionally, in the past, the Border Guard officers on duty in the guarded centre in Przemyśl were always equipped with an electric rifle, visible to the detainees. In the opinion of the Commissioner for Human Rights, this kind of equipment should be stored out of the sight of foreigners, with restricted access limited to authorised officers, and only in case of need. Electric rifles should not be part of the standard equipment of Border Guard officers who have direct contact with a foreigner.[16] In 2018 the Border Guard verified this practice in all detention centres and ordered that means of coercion should be applied only if there is a need.

Activities and education

In all guarded centres there is a sport and recreation space.[17] Free time outside is no longer strictly limited. The open-air space is of adequate size and sufficient recreational facilities are provided (e.g. playing field for volleyball or basketball, in Białystok there is an open-air gym and in Ketrzyn a well-equipped playground for children). In practice the detainees have the possibility to take part in outdoor exercises on a regular basis. However some foreigners interviewed by the CPT delegation in the guarded centre in Bialystok did not know of this free access.[18] There are no additional restrictions, but occasionally the management of the guarded centre in Lesznowola (in 2017 and 2018) and in Białystok (in 2017) limited the access to outdoor exercise area.[19] In 2014 video game consoles were bought and provided to the detainees (Kętrzyn, Biała Podlaska, and Białystok). Detainees can watch television without any limitations, even until late at night.[20] According to the CPT, the management of guarded centres in Lesznowola and Białystok should enlarge the offer of organised activities.

In all centres there is access to the internet and in all of them there are computers which can be used by detainees. In 2018 the foreigners placed in detention centre in Krosno Odrzańskie complained that there is restricted access to internet. They could not send directly emails or fax to the NGO which provide legal assistance, this is done by the administration of the guarded centre. It is worth noting that foreigners are under constant supervision of the Border Guard officer who additionally records the personal data and the exact time of their use of internet.[21] Furthermore, the Border Guard Chief Commander ordered on 27 January 2017 the blocking of sites with terrorist-related and extremist content, social media and instant messaging platforms. New technologies such as VoIP (Voice over Internet Protocol) are also forbidden for security reasons despite the fact that the CPT recommended this kind of communication to be available for use by the foreigners in detention centres.[22] Clearance of the internet usage was also introduced[23] but on the other hand, foreigners placed in detention centres in Białystok, Krosno Odrzańskie, Przemyśl and Lesznowola have a possibility to use Skype a day after signing up for the list.

The detainees have access to reading and leisure materials. There are libraries – with a number of books and newspapers in several languages – Russian, English, and French. New books or newspapers, dictionaries, handbooks, maps and other materials were provided to all libraries in 2019. They also have popular games to play (e.g. chess, cards). Concerts and sport competitions are organised for adults and children in Kętrzyn. On the other hand, according to UNHCR, foreigners complained that additional activities are rarely organised and that they feel bored.

Detention centres provide rooms for religious practices.

In all centres, in the corridors of each floor there are boards which provide information in at least 1 or 2 main foreign languages (Russian and/or English). They provide information on the asylum applicants’ rights and/or the rules of stay in the detention centre, meal times, and contact details of NGOs, UNHCR and – depending on the centre – on access to the doctor and psychologist.

In all centres each asylum applicant and irregular migrant has an officer appointed to their case with a scheduled meeting to discuss their case. The rules of stay in the detention centres are available in 16 languages: Arabic, English, Ukrainian, Russian, French, Armenian, Chinese, Georgian, Hindi, Spanish, Mongolian, Turkish, Farsi, Urdu, Bengali and Vietnamese.[24] Not all the language versions are displayed, as the vast majority of asylum seekers are Russian-speaking. Depending on the centre they are available on each floor of the detention centre or in the common-rooms, etc.

Children staying in the guarded centres are – like all other children staying on the territory of Poland – subject to obligatory education until they are 18. However, this obligation, set in the Polish Constitution, is not fulfilled in the case of children staying in guarded centres.[25] None of the children staying there regularly attends school. Schools near the detention centres in Kętrzyn and Biała Podlaska delegate teachers to work in detention facilities. Special classrooms are prepared in these centres. This is the result of agreements between the Border Guard, educational institutions and local authorities.[26] Unfortunately, in 2019 local authorities in Przemyśl refused to sign such agreement due to the small number of children.[27]

Moreover, educational departments in guarded centres organise additional classes for children, e.g., compensatory classes and activities for adults on e.g. Mother’s Day, father’s Day, Refugee day.[28]

In October 2016, representative of National Prevention Mechanism, who visited the guarded centre in Kętrzyn underlined that providing the right to education in Kętrzyn is an example of a good practice since the law on foreigners and law on protection does not ensure it.

Special needs and health care in detention

According to the law, all detainees have access to regular health care.[29] In all centres, medical staff are present and working, there is at least one physician and one nurse, but there are often more. Nurses are present on a daily basis from 7.30 a.m. In case of an emergency or the need for a specialist (e.g. gynaecologist), detainees are transferred to hospitals or clinics. As of March 2018, SG officers trained in first aid should be present during night shifts in all guarded centers. The management of all detention centres was also obliged to make sure that there will be a physician in the center every day of the week.  

As revealed in the opinion of the CPT, in 2017 medical examinations of detainees were conducted in the presence of SG officers. However, the Polish government stated that presence of a SG officer during a medical check-up is at the request of the physician’s conducting the examination.

In September 2015, the Border Guard prepared a document entitled “Rules of SG proceedings with foreigners who need special treatment (algorithm)” because there is no definition of persons who need special treatment and there are no methods for their identification set out in law. The algorithm consists of: (i) a definition of foreigners who are in need of special treatment, (ii) a list of persons involved in identification, (iii) a set of solutions which simplify identification, (iv) a procedure which should be implemented before a foreigner is placed in detention centre and (v) a procedure when a foreigner is already in detention. However, early identification of victims of torture and violence is not carried out during the preliminary examination of a foreigner on admission in practice. Additionally foreigners are not asked about any medical documentation which they could have from another EU country (see also Identification).[30] This document was modified in June 2019, based on merely internal consultation at Border Guards. In the opinion of SIP, still this document needs to be improved.

In the opinion of the Commissioner for Human Rights,[31] and the Commissioner for Child Rights,[32] the algorithm used by Border Guard to identify victims of violence is inconsistent with Polish law, the Istanbul Protocol and other international standards. This algorithm does not allow for the immediate release of foreigners who are alleged victims of violence from the guarded centre. According to the Commissioner for Child Rights, the available treatment and therapy in the detention centre for identified victims of torture only exacerbate their mental trauma. The Commissioner called on the Minister of Interior and Administration to oblige the SG to develop new set of rules regarding foreigners whose mental state demonstrates that they were violence victims.[33]

According to the Commissioner for Human Rights, still in 2018, the identification of torture victims was ineffective, the victims were detained, and medical and psychological personnel was not well prepared to identify victims of torture.[34] For example, in the dispensary in detention centre in Lesznowola, there was no set of documents with guidelines on how to handle sensitive groups, the algorithm, the Istanbul Protocol with Appendix. Moreover, the staff was not trained in identification of victims of violence and inhuman treatment. Furthermore the SG was not conducting a medical assessment of traces on the body reported by foreigners as traces of violence and torture.[35]

According to the HFHR, the Polish authorities (SG and courts on own motion) do not identify victims of violence in an effective way. Such identification should be done at the earliest possible stage while deciding on whether the person should be placed in detention. Additionally, the SG and courts should on their own motion exclude the use of detention. Asylum seekers who in their asylum application declare that they were torture victims, are in practice sometimes placed in detention centres. Moreover some courts placed victims in detention centres stating that there is no objection to placing a victim in detention because they will have access to psychological assistance in the guarded centre. The same opinion is presented in the SG guidelines, according to which, a foreigner will not be released if a psychological assistance can be provided in the guarded centre.[36]

In three cases concerning Syrians, courts of second instance held that it was unlawful to place a foreigner in a guarded center only if he or she was the victim of intentional violence justified by political repression or other. Such a justification is against the Polish law.[37]

During the visit of Commissioner for Human Rights in the guarded centre in Lesznowola, the delegation identified two victims of violence:

• The first case concerned a single man, whose family – pregnant wife with five children was not with him and living outside the detention centre. He stayed in the detention centre for 4,5 months. He informed the authorities immediately that he had epilepsy and was a victim of physical and psychological violence. The staff knew about these facts in the first week (the information was in psychologists' notes and in the health book). The first consultation took place four weeks after the request of a physician, psychologist and a detainee. He was treated several times in hospital and several experts’ opinions were issued. It stated three times that the stress experienced during detention may increase the frequency of epileptic seizures, and a psychologist confirmed twice that the foreigner should not be in the centre due to his mental condition and threat to his life. Despite the certificate about the threat to life and health, the detention lasted for the next 5.5 weeks. During this time the psycho-physical state of the foreigner deteriorated. During his stay in the detention centre, the Border Guard not did not release him as recommended by specialists, and no one examined the traces of torture on his body.
• The second case concerned a single men who informed the SG immediately that he was a violence victim and traumatized. His consultation was translated by another detainee whose language skills were not verified.[38]

During the visit of the Commissioner for Human Rights to Przemyśl, the experts identified persons who were victims of torture:

• The first case concerned a married couple of Chechen origin. The man claimed that he had been tortured and alleged inhuman treatment in the country of origin; his leg was shot through. He has a certificate of disability and a history of psychiatric treatment from Germany. Furthermore, he had numerous descriptions of symptoms indicating deterioration of his health under the influence of detention. His wife was distressed and kept saying that she could not stand being in a detention centre.
• The second case also related to a person of Chechen origin who constantly stated that he had been tortured in the country of origin, where the fingers of his left hand were broken during torture, he had many scars in his body and could not straighten his left finger. His mental state corroborated the reported violence.
• The third case referred to a woman with an 18-month-old child. She reported torture in the country of origin, her mental condition was deteriorating in the detention centre and PTSD and depression were developing.
• The last case concerned a Syrian national (according to his statement) who was placed in the arrest as a response to a suicide attempt. He suffered a suicidal crisis due to prolonged detention. His mental state justified immediate intervention and he was placed at once in a psychiatric hospital due to threat to his life.

There is also access to psychological care. In Krosno psychologist is present only for 4 hours per week, he is not trained in the Istanbul Protocol and he does not run a therapy for foreigners .[39]

In all detention centres, information on the availability of medical and psychological care is displayed on boards in the corridors, but in practice people are not always aware of it.[40]

In Przemyśl, an external psychologist for foreigners is available 4 hours a week. The capacity of that guarded centre is for 103 foreigners, which means that the access to the psychologist is limited. The Commissioner for Human Rights estimated that foreigners would have to wait for an examination from 4 to 10 months and in their opinion the early identification of victims of violence is not ensured.[41]

Consultant psychologist visit the guarded centre in Lesznowola only one day for three hours a week.[42] Consultations are provided only in English and Russian. On the other hand, in the past the Commissioner for Human Rights reported lots of irregularities in psychological assistance and underlined that the number, the frequency and the description of the consultations showed that these consultations only consisted of preliminary interviews and diagnosis. Long-term psychological support was not provided. Additionally, the Commissioner pointed out that the fact there was only one psychologist limits the availability of psychological support. There is a high risk that this psychologist will not be available when her support during a foreigner’s mental crisis is needed and there will be no one who could substitute her and provide psychological assistance. Moreover foreigners should have the possibility to choose a psychologist. Otherwise a detainee who is unable to trust an available psychologist, will not have access to effective psychological support.

The Commissioner also pointed out that the staff in the guarded centre were not aware of the system to ensure interpreters’ presence during consultations, which languages were available and how long the foreigners had to wait for translation. There were no criteria for the selection of interpreters or the minimum requirements that they should meet. In 2019 in guarded centre in Kętrzyn, the psychologist was available 5 days a week from 8 a.m. to 3 a.m., used an internet translator if there were communication problems with foreigners.[43]

The interpretation was not provided during psychological services in one case of a man who had two psychological and two psychiatric consultations. Despite the fact that his level of English was not sufficient, the interpreter was not called and translation was provided by another foreigner placed in the detention centre in Lesznowola. In a second case, the psychological consultation was not carried out due to the fact that the foreigner had not been informed that the translator would be present during the psychological consultation and he refused to take part in it. Consequently, the psychologist refused to carry out the consultation without the interpreter.[44]

The Commissioner for Human Rights also noted that in the guarded centre in Lesznowola, a list with foreigners’ names and prescribed medicines was placed in a visible place on the board in the corridor.[45]

In Bialystok one consultant psychologist was hired part time (4 hours, twice a week). In 2019 foreigners could make an appointment by themselves, and visit psychologist whenever they needed. The duty hours were placed on the door of the consultation room and on the each floor. In accordance with the provisions of the contracts (with a psychologist, with a clinic) psychological services should be guaranteed within 2 days from the moment of notification by SG of such need and the services are implemented up to date.[46]

Moreover there were no standards or guidance for preparing psychological documentation or how to ensure that elements in the diagnosis which constitute reasons why a person should not be detained are presented properly. The medical documentation was kept together with psychological documentation. According to the Commissioner for Human Rights delegation, staff in detention centre should be trained, and documents which are to be signed by foreigners should be translated in to a language they understand.[47]

During the visit of the Commissioner for Human Rights in Białystok, experts in the delegation identified a number of persons who were victims of violence:

• in case of a man detained for 5 months and 15 days there was no information in his medical files on anamnesis or on his first interview with a social guardian. He had 10 meetings with a psychologist, consultation in the emergency department of a psychiatric hospital, was suicidal, suffered from insomnia, adjustment disorder, PTSD and was aggressive. Only four months after the first psychological opinion, he was identified as a victim of violence and a psychological opinion was prepared by the psychologist, where it was stated that keeping him in a detention centre is a threat to his life.

• In the case of a man, who was a victim of sexual violence, the Commissioner for Human Rights delegation did not find any medical or psychological examination assessing whether there were reasons to exclude detention in his file. There was no anamnesis (a person’s medical history) taken, although this is required by the guidelines of the Border Guards. Despite the fact that he was qualified as a person who required special treatment, psychiatric and psychological examination was not ordered for one month since he was qualified as such. Furthermore, the psychiatrist ordered additional psychological consultation twice, but this did not occur. Moreover, despite the existence of indications that the man could be a victim of violence, was diagnosed with post-traumatic stress disorder, adaptive disorder and anxiety, no steps were taken to release him from the guarded center. The foreigner stayed in detention for the entire period designated by the court, until he returned to his country of origin;

•  A blind man was placed in detention centre which was not adapted to the needs of people with disabilities, pending a Dublin transfer. The guardians helped him with laundry and eating. During his stay in the detention centre, the person self-mutilated, licked his wounds, refused to eat meals because of fear of being poisoned and had an adoption disorder. Coercive measures were used against him. None of four psychiatric consultations was diagnostic and no action was taken to identify him as a victim violence and the risk of self-harm which was life-threatening. As a consequence, he was not released from detention centre before have been transferred to the Netherlands.

A man who was transferred from another EU country to Poland, informed the authorities on the day of arrival of the fact that he survived torture, psychological and physical violence and handed over a medical diagnosis prepared as part of the program for the rehabilitation of victims of torture (Rehabilitation Program for Victims of Torture). In 2013 he was diagnosed with post-traumatic stress disorder. No procedure was implemented. Unfortunately the physician and nurse were not trained in diagnosing foreigners who were victims of violence and did not have any knowledge about the procedure which should be implemented in this case.[48]                                                               

Three psychologists are hired in Biała Podlaska, both man and woman; two as staff members of Border Guards (available from Monday till Saturday from 7.30 a.m. to 20.00 p.m.) and one as an external expert (available 4 hours a week). Furthermore, the staff working in the detention centre was well trained in 2019.