Poland: Ordinance of the Minister of Interior of 1993 on the Conditions of Performance, Arrest and Detention with Intent to Expel Foreigners and the Conditions to be met by Guarded Centres as well as the By-Laws of Staying Therein
| Publisher | National Legislative Bodies / National Authorities |
| Publication Date | 9 July 1993 |
| Cite as | National Legislative Bodies / National Authorities, Poland: Ordinance of the Minister of Interior of 1993 on the Conditions of Performance, Arrest and Detention with Intent to Expel Foreigners and the Conditions to be met by Guarded Centres as well as the By-Laws of Staying Therein, 9 July 1993, available at: https://www.refworld.org/docid/3ae6b4fb14.html [accessed 30 May 2023] |
| Comments | This is an unofficial translation. |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Pursuant to Art. 19 of the Law of March 29, 1963 on foreigners (Dz. U. z 1992 r. Nr 7. poz. 30 and Nr 25, poz. 112) the following is being ordered:
§ 1
1. A Foreigner is being placed in a guarded centre on the basis of the decision of the appropriate administrative organ for the period set forth therein.
2. A foreigner, arrested or detained with intent to be expelled, is placed on the premises specially designed for this purpose of the Police station or Frontier Guard Offices, hereinafter called the premises.
§ 2
1. The following persons may not be placed on the premises:
(1)persons undergoing hospital treatment,
(2)persons being under the influence of stupefacient or psychotropic drugs,
(3)women above 7 months of pregnancy and feeding mothers.
2. Persons, specified in section 1 points 1 and 2, are sent toappropriate, in accordance with doctor's orders, public health care institutions.
3. Persons, specified in section 1 point 3, are sent to the guarded centre.
§ 3
A juvenile, until the time of execution of the decision on expulsion, is placed in a child's care institution at a Police Station or in an emergency care institution. A juvenile whose parents stay in the guarded centre is placed in the same centre.§ 4
Upon bringing the foreigner to the premises or guarded centre he has to be advised about the rights he is entitled to and the obligations resting on him.§ 5
1. While admitting and releasing the foreigners from the premise and guarded centres an assistance of a translator from the language the foreigner is a native speaker of is guaranteed, in case communication with such foreigner is Polish language is not possible.
2. The foreigner is submitted to an inspection while being admitted to the premises or guarded centre in order to verify whether he is not in the possession of weapons or other dangerous objects which due to their nature may create threat to life or health.
3. All valuables and other objects belonging to the foreigner, the possession of which is forbidden for security reasons or laid down order, are taken into deposit against receipt.
§ 6
Upon admitting the foreigner to the guarded centre he has to be familiarized with the by-laws of the centre and advised on legal implications of infringing thereof. The familiarization with the content of the by-laws the foreigner confirms with his own signature.§ 7
The foreigner arrested or against whom adecision on application of detention with intent to expel has been issued or on placement in the guarded centre, is guaranteed medical help in case of:(1)loss of consciousness or visible bodily injuries,
(2)call for immediate doctor's examination,
(3)statement that he suffers from an illness requiring constant or periodical treatment the interruption of which might endanger his life or health,
(4)pursuant to information available to the officials who arrested him it appears that he suffers from an infectious disease.
§ 8
1. The foreigner placed in the guarded centre or premises promptly submits himself to preventive medical examination and, in justified cases - sanitary treatments.
2. An information on conducted medical examination and the result thereof is contained in the foreigner's file.
§ 9
Women and men shall be placed in separate premises.§ 10
The foreigners staying in the premises are obliged to:(1)observe the discipline set forth for those premises by the commanding officer of the Police station or Frontier Guard Office concerning:
atime appropriated for: rest, cleaning of the premises and leisure,
bnight-time silence from 22:00 till 6:00 o'clock, and during week-ends and holidays till 7:00 o'clock,
ctime and place for consumption of meals,
drules for using the premises of detention,
erules for taking walks,
fhours and place for doctor's consultation and undergoing sanitary treatment,
gtime, place and rules of visits,
htime, place and the manner of doing shopping,
(2)take care of personal cleanliness and hygiene necessary while staying with other persons,
(3)perform basic cleaning works connected with maintenance of appropriate hygienic conditions in the occupied premises.
§ 11
1. The foreigners being detained with intent to be expelled are entitled to:
(1)eight hours of sleep at night and receiving mattresses, blankets and bed-clothes for this purpose,
(2)use their own clothes, shoes and underwear satisfying health and sanitary requirements
(3)apply to the organ which issued the decision on implementing detention or through its offices to other institutions or organizations for allowance of clothes and shoes if the possessed ones are unfit for use due to being worn out, not fit for the present season or if the sanitary reasons so require.
(4)receive hot meals three times a day at appropriate intervals, as well as drinks in order to slake thirst and if health condition so requires - to receive, in accordance with doctor's orders, dietary food; daily ration of received meal should contain at least 2,600 cal,
(5)medical help and care in accordance with doctor's orders,
(6)take one hour walk outside every day, unless a doctor decides otherwise,
(7)have contact with other detained persons upon the permission of and in the place indicated by an orderly officer of the arrest,
(8)have access to hot water at least once a day and to take hot bath twice a week unless a doctor decides otherwise,
(9)have access to sanitary appliances,
(10)smoke tobacco in places and at the time specified for that purpose, withthe exception of night-time silence during which smoking is forbidden,
(11)possess stationery and objects of personal use for maintaining personal hygiene,
(12)exercise religious practices and to make use of religious duties in a way not interfering with the set forth rules, possess objects of religious cult, listen to, on the premises in which they are placed, the services broadcast by mass media,
(13)have access to a library, participate in lectures and other courses or cultural and sport events,
(14)purchase books and games with their own funds,
(15)have access to the press, purchase newspapers with their own funds and keep them on the premises,
(16)receive, upon inspection in their presence - parcels containing clothes, shoes and other objects of personal use and containing first aid and hygiene remedies and, with doctor's permission -also parcels containing medicine,
(17)receive other performances upon permission of the commanding officer of the Police Station or Frontier Guard Office where the detention with the aim of expulsion takes place, or of the organ which issued the decision on application of arrest with intent to expel,
(18) make contacts with appropriate administrative or municipal organs, as well as with the diplomatic representatives or consular offices of foreign countries concerning personal and administrative matters. upon their own request or upon a motion of the appropriate organ,
(19)file requests, complaints and applications to the commanding officer of the Police Station or Frontier Guard Office where they stay.
2. The provisions of section 1 are applied respectively to arrested foreigners.
§ 12
The foreigner's diplomatic representative office or consular office have to be promptly informed about any case of arrest of a foreigner or application of detention with intent to expel regarding such foreigner.§ 13
1. The foreigner released from the premises or guarded centre should be, if necessary, submitted to medical examination.
§ 14
The foreigners in the guarded centre are guaranteed full board, necessary medical care, conditions to maintain hygiene, performance of religious practices and the usage of religious services, as well as to keep up correspondence and have access to telecommunication means at their own expenses and, in justified cases - at the cost of the centre.§ 15
The by-laws of staying in guarded centres are in the form of Attachment 1 thereto.§ 16
1.The name of the foreigner placed in the guarded centre has to be entered on files run by the director of the centre.2. The foreigner's name will be deleted from the files oftheguardedcentreif:
(1)detention with intention to expel was used against him,
(2) temporary detention was used against him,
(3)imprisonment was ordered against him,
(4)an application of foreign authorities for his release was considered and the release took place,
(5)he was placed in a health care institution in order to undergo a medical treatment and the expected treatment period is longer than permissible period of stay in the centre,
(6)he was released from the centre.
§ 17
1. The foreigner may, upon the consent of the director of the guarded centre, leave the centre, for a period of time specified in the pass the sample of which is in the form of Attachment 2 thereto.
2. The period of the foreigner's stay outside the guarded centre during the time specified in the pass mentioned above in section 1, is included in the period of stay in the centre.
§ 18
1. In case of release or deletion of the foreigner from the files of the guarded centre due to reasons stated in § 16 section 2 points 1 through 6, the deposit is returned to the foreigner or an authorized person.
2. In the event that the deposit may not be returned to the foreigner or an authorized person, the deposit will be transferred to an organ which issued the decision on placing the foreigner in guarded centre.
§ 19
The guarded centre is serviced by the Police officials and civil employers employed therein.§ 20
The provisions of § 16 section 1 and 2 points 2 through 6 and § 18 apply respectively to the foreigners staying in the arrests with intention to be expelled.§ 21
The ordinance comes into force as of the day of announcement thereof.ATTACHMENT 1 - BY-LAWS FOR FOREIGNERS PLACED IN GUARDED CENTRES
§ 1
Upon admission to the guarded centre the foreigner has to give his personal information and information concerning his health.§ 2
The foreigners staying in the guarded centres are obliged to:(1)perform orders of the centre's authorities,
(2)obey the rules of proper co-habitation with other persons,
(3)do not disturb the peace and established rules,
(4)take care of the cleanliness of the premise,
(5)make use of the premise's equipment in a proper way,
(6)in case of the appearance of the symptoms of a disease instantly inform the centre's authorities thereof.
§ 3
1. If the decision on compulsory stay in the guarded centre pertains to the foreigner and his family, all persons will be placed in the same centre.
2. The family should be placed, as long as it is possible, on the same premises.
§ 4
The foreigners staying in the guarded centre occupy the premises appropriated for lodging for the period of stay in accordance with the instructions of the centre's authorities.§ 5
Within the territory of the guarded premises the following are forbidden:(1)consumption of alcohol and usage of other stupefacient,
(2)possess on the premises appropriated for stay any weapon, tools and other objects which due to their nature may constitute threat to life or health.
§ 6
The foreigners staying in the guarded centre have the right to move freely within its territory during the time specified by the centre's authorities.§ 7
The foreigners staying in the guarded centre have the right to, in a way not disturbing the peace and rules established in the centre, practice their religion and possess objects of religious cult.They also have the right to listen to or watch services broadcast by mass media.§ 8
The foreigners staying in the guarded centre may use the premises appropriated for cultural and sport events.§ 9
The foreigners staying in the guarded centre may keep up correspondence and make use of telecommunication facilities at their own cost. In compassionate cases the centre's authorities may permit free of charge usage of the telecommunication facilities or dispatch of correspondence.§ 10
1. The foreigners staying in the guarded centre use their own clothes, underwear and shoes.
2. If the objects mentioned in section 1 are not fit for use or if the usage thereof is not allowed due to hygiene reasons, the foreigner may receive them non-gratuitously from the centre's authorities.In special cases the authorities are obliged to equip the foreigner with such object free of charge.
§ 11
The foreigners staying in the guarded centre may purchase food, personal hygiene goods and object of personal use from the shops located in the territory of the centre.§ 12
1. The authorities of the guarded centre enable the foreigners staying in the centre contacts with diplomatic representative offices of the countries which they are nationals or where they are permanent residents, as well as with other persons who want to visit them, in the designated premises.
2. The foreigners staying in the guarded centre have the right to file requests, complaints and applications with the commanding officer of the District Police Station in charge of such centre.
§ 13
In justified cases the foreigners staying in the centre may receive permission allowing them to leave the centre for a specified period of time set forth in the pass.§ 14
1. The decision concerning issuance of permission mentioned in § 13, is taken by the director of the centre.
2. The foreigner not conforming to the decision on being placed in the centre and who was brought to such centre by a Police or Frontier Guard officer upon being arrested is not entitled to temporary leave of the centre.
