CAT/C/POL/CO/7
(c)
A credible report that a person who was beaten and had visible bruises and
swelling and had signalled to the police that he had health problems was denied access to a
medical doctor, and that his injuries were not recorded in his arrest record;
(d)
The death in a police station in Wroclaw in May 2016 of Igor Stachowiak
after four policemen used a stun gun against him while he was handcuffed; the fact that,
despite being accused of committing a crime under article 247 of the Penal Code, those
policemen returned to service after a short suspension; and the fact that they have not been
suspended from their duties while their case remains pending (arts. 2, 12–14 and 16).
20.
The State party should:
(a)
Ensure that all allegations of torture and ill-treatment by law
enforcement officials and all deaths in custody are investigated promptly, effectively
and impartially by mechanisms that are structurally and operationally independent,
with no institutional or hierarchical connection between the investigators and the
alleged perpetrators; and ensure that perpetrators, if found guilty, are punished in a
manner that is commensurate with the gravity of their acts;
(b)
Ensure that all persons under investigation for having committed acts of
torture or ill-treatment are suspended immediately from their duties and remain so
throughout the investigation, while ensuring that the principle of presumption of
innocence is observed;
(c)
Implement the judgments of the European Court of Human Rights;
expedite the criminal proceedings against the four police officers allegedly responsible
for the death of Igor Stachowiak and inform the Committee about their outcome;
(d)
Ensure that records of injuries are kept where cases of torture and illtreatment can be recorded and ensure that all interrogation rooms in all parts of the
country have closed-circuit television and the equipment necessary to make video and
audio recordings of interrogations;
(e)
Ensure that the use of electrical discharge weapons (tasers) is strictly
compliant with the principles of necessity, subsidiarity, proportionality, advance
warning (where feasible) and precaution; and that they are not included as part of the
regular equipment of custodial staff in prisons and other places of deprivation of
liberty, including police stations; provide information on the 23 eligible entities that,
in accordance with national regulations, are authorized to use electrical discharge
weapons, and on the characteristics of “non-penetrating missiles”, the modalities of
their use and their effects on the human body;
(f)
Systematically provide training to all law enforcement officials on the
use of force, including in the context of crowd control, and on the provisions of the
Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, the
Ordinance of 17 September 1990 on the Use of Coercive Measures by the Police and
the Act of 24 May 2013 on Coercive Measures and Firearms.
Rendition programme and other international practices
21.
The Committee is concerned that, more than a decade since the conclusion of the
rendition and secret detention programmes of the Central Intelligence Agency of the United
States of America from 2001 to 2008, which allegedly included torture and ill-treatment of
persons suspected of terrorism-related crimes, the State party has failed to elucidate the
alleged complicity of and abuse of power by public servants who, in different towns from
2001 to 2005, enabled the establishment of places of detention in Poland. It is also
concerned that the Regional Prosecutor’s Office in Krakow has not been able to produce a
ruling in case No. PR II Ds. 16.2016. The Committee further regrets the absence of the
requested information on diplomatic assurances or the equivalent thereof in relation to
cases of refoulement, extradition or expulsion that may have taken place during the period
under review (arts. 2, 3, 12 and 13).
22.
The Committee reiterates its recommendation to the State party to complete
the investigation into allegations of its involvement in the high-value detainee
7