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Joan’s case. Ombudsman Marcin Wiącek on patient rights and the search of a woman in a doctor’s office

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I would like to emphasize very strongly that a woman who takes an abortion pill does not commit a crime – said the ombudsman Marcin Wiącek in “One for One”. Referring to the case of Mrs. Joanna, he said that “maintaining moderation should primarily guide a police officer in a situation where he is dealing with a person who is not suspected of committing a crime.”

The story of Joanna from Krakow was publicized over a week ago by “Fakty” TVN. The woman took the abortion pill because the pregnancy was supposed to threaten her life. After a few days, when she felt physically and mentally unwell, she notified her doctor. She also informed her that she had had a medical abortion. A doctor – a psychiatrist – who claims that the woman informed her during the conversation that she wanted to take her own life, called 112 and informed the service about the incident.

Joanna went to the hospital in the escort of the police. On the spot, the uniforms were to question her, they also took her laptop and phone.

In the Friday edition of “One for One”, the Ombudsman, Dr. hab., referred to the case. Marcin Wiącek, professor at the University of Warsaw. When asked whether he had received an answer from the police to his questions regarding the intervention of officers in the case of Mrs. Joanna, he replied in the negative. – I applied to the police in Krakow, I also applied to the Patient’s Rights Ombudsman, who is conducting proceedings in this case. After obtaining the documents, after obtaining police notes, or possibly protocols on the actions taken in this case, I will be able to give a fair and objective opinion on this subject, he said.

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Commissioner: I would like to emphasize very strongly that a woman who takes an abortion pill does not commit a crime

– From the materials we have, for example, visual materials, it appears that at some point there was a statement coming, I assume, from a police officer that a crime had been committed here. I would like to emphasize very strongly that a woman who takes an abortion pill does not commit a crime and should not be treated as a person who has committed a crime, stressed the Commissioner for Human Rights.

At the same time, he added that “searching or seizing items are activities that can be performed not only against persons suspected of committing a crime, but also against persons who may be in possession of evidence in the case.” – On the other hand, the provisions of both the Act on the Police and the Code of Criminal Procedure order police officers during intervention, if it is carried out in urgent situations, to respect human dignity and maintain moderation – he said.

– And it is not explicitly written, but moderation should be the first thing to guide a police officer in a situation where he is dealing with a person who is not suspected of committing a crime, because here it is an important circumstance. It should be distinguished whether the intervention is made against a person suspected of committing a crime or against a person who is not suspected of committing a crime, stressed the TVN24 guest.

Ombudsman Marcin Wiącek in “One on One”TVN24

When asked about the role of police officers in saving lives when the patient is already in the doctor’s office under the care of a doctor, Wiącek replied that “from the point of view of the law, there is a regulation regarding detained persons.” – We must make a reservation here that Mrs. Joanna was not a detained person, so this standard applies all the more to people who do not have the status of a detained person. The provision, which states directly that in the case of detained persons, it is the doctor who decides whether the police can enter the doctor’s office – he added.

SEE ALSO: Mrs. Joanna: I realized that I will never really walk alone

Main photo source: TVN24



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