CAT/C/POL/CO/7
(d)
Keep a centralized register of complaints of torture and ill-treatment
that includes information on the corresponding investigations, trials and criminal or
disciplinary penalties imposed;
(e)
Provide additional financial resources to the national preventive
mechanism in order to enable it to better fulfil its functions and carry out more visits
to all places of deprivation of liberty, including psychiatric institutions and social care
homes, without prior notice; ensure that members of the national preventive
mechanism are able to meet in private with detainees; raise with the authorities the
matter of detention conditions and conduct in places of detention amounting to
torture and ill-treatment; and ensure that its recommendations and reports to the
authorities are made public;
(f)
Grant access to independent organizations, including national and
international civil society organizations, to all facilities where persons are deprived of
their liberty, including psychiatric institutions and migrant detention centres, for
monitoring purposes;
(g)
Compile statistical data on the number of complaints, investigations,
prosecutions, convictions and penalties in cases of torture and ill-treatment.
Gender-based, domestic and other forms of violence and access to legal abortions
33.
The Committee is concerned:
(a)
That domestic violence, including marital rape, are not separate offences in
the Penal Code;
(b)
That only a relatively small number of cases of domestic violence result in
the conviction of perpetrators, that prosecution is envisaged only for recurring acts and that
the conduct of proceedings is dependent on the victim’s consent;
(c)
At the absence of sufficient support for victims of domestic abuse, and at
actions or omissions by State agencies or other entities that engage the responsibility of the
State party under the Convention, including the inadequate provision of specialized support
shelters in the country and the absence of assistance in finding housing away from the
perpetrator of violence;
(d)
That, while there are three sets of circumstances in which abortions are legal
in Poland within a 12-week period, there is no effective regulation of conscience-based
refusals by doctors to perform abortions, with no guidelines on how to access legal abortion
services and no information on the lack of obligation to seek additional medical opinions
from a specialist, a joint consultation or confirmation by a ward administrator in cases
where denial of procedure will result in physical and mental suffering so severe in pain and
intensity as to amount to torture; and that an excessive period of 30 days is given to the
Medical Committee in which to issue a decision, which may also be attributed to actions or
omissions by State agencies or other entities that engage the responsibility of the State party
under the Convention.
34.
The State party should:
(a)
Amend its legislation to include crimes of domestic violence, including
marital rape, as specific crimes in the Penal Code entailing ex officio prosecutions;
and ensure that all cases of gender-based violence against women and girls, especially
those involving actions or omissions by State authorities or other entities that engage
the international responsibility of the State party under the Convention, are
thoroughly investigated, that the alleged perpetrators are prosecuted and, if convicted,
are punished appropriately, and that the victims receive redress, including adequate
compensation;
(b)
Ensure the full implementation of the National Programme for
Counteracting Domestic Violence, including by gathering data on the extent of such
violence, and of the National Action Plan for Equal Treatment; and refrain from
threats to withdraw from the Council of Europe Convention on Preventing and
Combating Violence against Women and Domestic Violence;
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