CAT/OP/POL/CSPRO/1
erroneously notes that therapy is only accessible as continuation for those who were
participating in such programmes before entering the prison.
129. Patients addicted to drugs are provided with medical support offered by doctors,
nursing staff and psychologists. Within the structures of penitentiary facilities there are
therapeutic wards for prisoners addicted to narcotic drugs or psychotropic substances.
130. Additionally, in accordance with the Substitution Programme for Detainees in
Penitentiary Facilities in Poland, apart from prisoners who continue their substitution
treatment, also a detainee who was not subject to substitution treatment before being
detained may start substitution treatment after satisfying the following criteria:
(a)
Exclusively after a place in the ‘non-custodial’ programme is guaranteed by
the director of the programme;
(b)
Satisfying the eligibility criteria specified in the applicable legal regulation;
(c)
Written consent to start treatment within the programme and acceptance of
the programme’s requirements.
131. Decisions on qualifications to the substitution treatment are made by the director of
the programme or a medical doctor authorised by the director who perform tasks for the
purposes of the programme.
132. Detainees of pre-trial detention centres and correctional facilities are informed upon
admission on HIV contraction issues and take part in workshops on the harmful effects of
drug use and on the mitigation of damages.
133. The Prison Service is ready to provide support to detainees with drug issues. Actions
in this area have been systemically regulated by law. In accordance with the Penal
Enforcement Code, the imprisonment sentence is executed within the system of
programmed corrective efforts, therapeutic system and ordinary system. The therapeutic
system is an exceptional solution applied to convicted persons with non-psychotic mental
disorders, including persons convicted for the crime under Article 197 to 203 of the
Criminal Code, committed in connection with sexual preference disorders, persons with
mental impairment, as well as those addicted to alcohol or other narcotic drugs or
psychotropic substances. The sentence is executed within the therapeutic system in the
therapeutic ward of specific specialisation. In Polish prisons, there are 17 therapeutic wards
for convicted persons addicted to narcotic drugs or psychotropic substances, 33 wards for
convicted persons addicted to alcohol, 23 wards for convicted persons with non-psychotic
mental disorders or mentally impaired persons (in 7 of which corrective efforts are
addressed to convicted persons sentenced for the crimes under Article 197 to 203 of the
Penal Enforcement Code in connection with sexual preference disorders). The total
capacity of wards is 3,663. In 2018, specialised therapeutic corrective efforts covered 6,036
convicted persons addicted to alcohol, 1,697 convicted persons addicted to narcotic drugs
or psychotropic substances and 2,501 convicted persons with non-psychotic mental
disorders or mentally impaired persons, including 469 convicted persons diagnosed with
sexual preference disorders.
Strip search
134. Strip search – mentioned in para. 110 of the report – is performed only if required
by the reasons of security of the penitentiary facility and it serves to prevent the smuggling
of unauthorised and dangerous items, drugs and alternative substances and it is aimed at
ensuring the security of the prisoner searched and other prisoners, as well as the security of
officers and staff members of the Prison Service, wherever the number of assaults has
increased in recent periods. It should be added that strip searches are carried out based on
applicable regulations and a cavity search is performed only visually and not manually.
Strip searches are performed also on visitors in connection with information received by the
officers of the Prison Service about the risk of smuggling unauthorised objects or narcotic
drugs into penitentiary facilities or if non-disclosure of all items possessed is discovered.
135. The Prison Service works on introducing changes to the Penal Enforcement Code
and the Act on Prison Service aimed at comprehensively regulating the matter of
31
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