CAT/OP/POL/CSPRO/1
were found concerning the functioning of the installation. Any failures or
irregularities are removed on an on-going basis after they are reported. Prisoners
receive washed and dried clothes from the Correction Facility No. 1 in Wrocław.
The K Pavilion is equipped with a washing-machine and a drying-machine, which
may be used by the women accommodated in the pavilion.
• The detained women accommodated in the K Pavilion are in the closed correctional
facility. For this reason, in accordance with legal regulations, doors and barred gates
to residential buildings and wards are opened for as long as necessary. The officers
of the security division performing their duties at night in the pavilion for men and
for women have keys to residential cells and to barred gates. To ensure safety of the
facility, keys to entrances to residential buildings are available only in the
guardroom at the shift commander’s disposal. It should be added that in closed
correctional facilities, the adopted rules of security specified in the Ordinance of the
Minister of Justice of 17 October 2016 on the protection of Prison Service
organisational units require that doors and entrance gates to residential buildings and
wards, as well as entries to buildings and gates within the organisational unit be
opened only for as long as necessary. The officers on duty have all necessary keys at
their disposal to be able to unlock any gate or exit immediately.
71.
Having regard to the remarks on the manner of dealing with female prisoners and
discriminatory treatment in paras. 76 and 77 of the report, it should be pointed out that
the Director General of the Prison Service in his Instruction No. 2/2018 of 21 November
2018 on Dealing with Female Prisoners defined actions and tasks in this area. Additionally,
Instruction No. 3/2017 of 26 July 2017 on Dealing with Pregnant Prisoners, the Director
General of Prison Service specified actions and tasks related to organisational matters and
corrective efforts.
72.
The Prison Service makes effort to ensure detained women adequate conditions
during their stay in penitentiary facilities and personal security. It should be emphasised
that as part of cooperation with professor Barbara Toroń-Fórmanek, the head of the
Department of Criminology and Resocialisation of the University of Zielona Góra, a study
entitled ‘Sense of security among women detained in penitentiary facilities’ was carried out
among all women detained in correctional facilities and pre-trial detention centres and the
research shows that 85% of them feel totally secure.
(ii)
Excessive length of detention on remand
73.
Having regard to the duration of pre-trial detention mentioned in paras. 78 and 79
of the report, the director of pre-trial detention centre is an enforcement body in this regard,
i.e. the director executes the preventive measure exclusively on the basis of the court order
which defines the duration of detention and specifies the date to which the detention is
supposed to last. A document required upon admission to the facility of a person subject to
pre-trial detention is a copy of the valid court decision ordering or extending pre-trial
detention accompanied by an admission order. A prisoner is released from the penitentiary
facility on the date when the period of pre-trial detention expires or on the date when the
penitentiary facility in which the person is detained receives documents resulting in release,
unless any later date is specified in such documents.
(iii)
Conditions of detention
Material conditions
74.
Regarding para. 81 of the report, everyone detained in accordance with the Penal
Enforcement Code may use various forms of spending time outside the residential cell,
including visits (Article 105 of the Penal Enforcement Code), a walk (Article 112 of the
Penal Enforcement Code) and other forms of collective activities. It is true that each
convicted person (Article 79b of the Penal Enforcement Code) admitted to the pre-trial
detention centre or correctional facility (provided that admitted after the period of liberty)
are placed in a temporary cell for a necessary period of time, but for no longer than 14 days,
in order to undergo initial medical tests, sanitary procedures and initial personal
background tests and in order to be presented with basic legal acts concerning the execution
18
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