CAT/OP/POL/CSPRO/1
58.
Simultaneously, technical conditions of police means of transport meet the criteria
set out in the provisions of generally applicable law for this type of vehicles.
59.
In the context of the recommendation concerned, it should be noted that basic rights
and obligations of Police officers are contained in the Police Act. In accordance with art. 1
paragraph 1, the Police was created as an uniformed and armed formation serving the
society and intended to protect people’s security, to maintain public safety and public order.
60.
By commencing the implementation of statutory tasks using the powers granted to
the Police, officers may use strictly defined means of coercion and firearms. This results
from the regulation of the Act on direct coercion measures and firearms (Journal of Laws of
2018, item 1834, as amended).
61.
Pursuant to the provisions of the abovementioned Act, means of direct coercion in
the form of handcuffs can be used to ensure convoy safety or detention.
62.
The aforementioned Act also entitles so-called preventive use of handcuffs to
include escape detained or escorted person, as well as to prevent symptoms of aggression or
self-aggression of these persons.
63.
Considering the above information, the police use direct coercion measures in the
form of handcuffs in accordance with applicable law.
B.
Prisons
(i)
Ill-treatment
64.
The officers of the Prison Service do not use violence to ‘form’ first-time prisoners,
but they have at their disposal statutory measures to influence prisoners, which are
established by the provisions concerning work with persons deprived of liberty. Allegations
concerning verbal abuses and irregularities in the conduct of the Prison Service’ officers
cannot be deemed accurate as no proofs were presented to confirm such situations. The
Prison Service responds to any manifestations of incorrect treatment of prisoners.
65.
In case of identifying or suspecting incorrect treatment of prisoners, an investigation
is launched and notifications of potential crimes are submitted to the public prosecutor’s
office. There are no known cases referred to in para. 71 of the report, namely violence
used to ‘form’ first-time prisoners. The lawfulness of actions taken by officers is subject to
supervision exercised by the management of the facility and the penitentiary judge. In this
context the convicted person’s right referred to in Article 102(10) of the Penal Enforcement
Code is important. In each case when officers of the Prison Service are suspected of
abusing their powers, an investigation is initiated and findings are presented to the person
that submitted the complaint.
66.
At the same time it should be emphasised that each officer and member of the staff
of the Prison Service takes an oath to respect legal regulations and ethical principles of
professional conduct, in particular those related to respecting human dignity.
67.
It should be stated that the provisions of Article 4 to 7 of the Penal Enforcement
Code are of crucial importance for the officers of the Prisoner Service and are strictly
respected. An important form of control are the inspections carried out by the representative
of the Commissioner for Human Rights and the National Mechanism for the Prevention of
Torture, who pay attention to the manner in which the rule of humanitarian and lawful
treatment of prisoners is respected.
68.
With regards to para. 72 and 73 of the report, in accordance with applicable
regulations, collective punishment is not allowed. A request for punishment accompanied
by the statement of reasons is drafted for every convicted person who committed a
disciplinary misconduct. The supervisor of the prisoner (wychowawca) issues an opinion on
the request. A decision to punish is made by the director of the facility or another person
appointed by the director after consulting the body of supporting materials and interviewing
the prisoner. It may happen, however, that the breach of the rules applicable in the
penitentiary facility is caused by a group of prisoners. Imposing the same disciplinary
sanctions may appear as collective punishment, but this is only a consistent reaction to the
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