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 16

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