CAT/C/POL/CO/7
rendition and secret detention programme of the Central Intelligence Agency from
2001 to 2008 and to ensure that persons involved in the alleged crimes of torture and
ill-treatment are held accountable. It urges the State party to expedite, to the extent
possible, the investigation by the Regional Prosecutor’s Office in Krakow of case No.
PR II Ds. 16.2016. In addition, the State party should provide updated information on
its action pursuant to the issuance of the judgments by the European Court of Human
Rights in the cases of Al Nashiri and Husayn (Abu Zubaydah), which became final on
16 February 2016, including in the context of the State party’s ratification of the
Rome Statute of the International Criminal Court. Finally, the State party should
provide information on any diplomatic assurances sought or given by the State party
during the period under review.
Commissioner for Human Rights and the national preventive mechanism
23.
The Committee is concerned at:
(a)
Reports that the Office of the Commissioner for Human Rights, which
incorporates the national preventive mechanism, has not received financial resources that
would be sufficient to allow it to discharge its mandate fully and effectively and to visit all
places of deprivation of liberty;
(b)
Reports of insufficient human, institutional and financial resources at the
national preventive mechanism, and very low visibility of and knowledge about the
mechanism among the general public and law enforcement agencies, which has impeded
follow-up action after its visits to places of detention and has hampered the hiring of
additional specialized staff;
(c)
Personal attacks voiced against, and criticism of, the current Commissioner
for Human Rights (ombudsperson), Adam Bodnar, in particular after statements he made in
relation to events that took place in June and July 2019;
(d)
Credible information that the Commissioner for Human Rights, who was
appointed by the Parliament, was called upon to resign by one of the Deputy Ministers of
Justice one day after the consideration of the seventh periodic report of Poland, for which
the Office of the Commissioner for Human Rights provided an alternative report that was
posted on the Committee’s web page, potentially amounting to reprisals against the
Commissioner for submitting a report to the Committee, which would constitute
interference by the executive in the functions of an institution established by the legislature
(art. 2).
24.
The State party should:
(a)
Allocate the amount of financial resources requested by the Office of the
Commissioner for Human Rights to enable it to discharge its mandate, and
significantly increase the resources provided to the national preventive mechanism in
order to enable it to function effectively, hire the necessary specialized staff and fully
implement its mandate in accordance with the Optional Protocol to the Convention,
including to ensure follow-up to its visits to places of deprivation of liberty. In this
connection, the Committee draws the State party’s attention to the guidelines on
national preventive mechanisms developed by the Subcommittee on Prevention of
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(CAT/OP/12/5), according to which States parties should provide their national
preventive mechanisms with the necessary resources to operate effectively, ensure that
they enjoy complete financial and operational autonomy when carrying out their
functions and ensure the impartiality and independence of their members;
(b)
Conduct an awareness-raising campaign in order to heighten knowledge
among the general public, law enforcement agencies and medical institutions about
the mandate and work of the national preventive mechanism;
(c)
Ensure the independence, security and ability to function of the
Commissioner for Human Rights so that he or she can fully discharge his or her
constitutional mandate, in keeping with international standards.
8