CAT/OP/POL/CSPRO/1
89.
With regards to para. 83 of the report, the Prison Service arranges overhauls of
the residential rooms of the total capacity of 3,081 places, which are excluded for use for
such purpose in 46 penitentiary facilities. The overhaul of the existing residential resources
is performed in as short periods of time as possible and in a manner enabling the exclusion
of the possibly lowest number of places (rotation) to avoid limiting the space available to
prisoners.
90.
With regards to para. 84 of the report, in order to create the environment
supporting individual work with prisoners, prevent harmful influences of demoralised
prisoners and ensure personal safety, the choice of proper execution of the sentence and the
type of correctional facility and placement is based on the classification taking into account
five detailed criteria, such as sex, age, previous convictions (imprisonment), intentional or
unintentional character of the prohibited act committed, remaining period of time to be
served, physical and mental health condition, including alcohol addiction, addiction to
narcotic or psychotropic drugs, degree of demoralisation and threat to the society, as well as
the type of crime committed. What is important is also the fact that the classification is
assigned by a penitentiary committee, i.e. enforcement body, whose decisions may be
appealed against by the prisoner before the court.
91.
Besides, it should be pointed out that the classification is assigned on the basis of
personal background tests, which according to the legal regulations on the execution of
imprisonment sentences, allow to re-classify a person in connection with, among others,
periodic reviews of the prisoner’s progress in resocialisation. The essential part of the
assessment, therefore, is the result of changes in the prisoner’s behaviour and attitude,
which are manifestations of the slow progression rule.
Regime: work, education, other recreational activities
92.
With regards to para. 87 of the report, one of the basic tasks of the Prison Service
included in Article 2(2)(1) of the Act on Prison Service is to carry out corrective and
resocialisation efforts for prisoners during their imprisonment, in particular by means of
arranging employment to encourage the development of professional qualifications,
learning opportunities, cultural and educational activities, sports activities, as well as
specialised therapeutic efforts.
93.
Additionally, it should be emphasised that Poland is a party to the Forced Labour
Convention (No. 29) of the International Labour Organisation. Article 2(2)(c) states clearly
that ‘the term forced or compulsory labour’ does not include, for the purposes of [that]
Convention, ‘any work or service exacted from any person as a consequence of a
conviction in a court of law, provided that the said work or service is carried out under the
supervision and control of a public authority and that the said person is not hired to or
placed at the disposal of private entities.
94.
Pursuant to Article 121 §2 of the Penal Enforcement Code, the convicted person ‘is
allowed to perform paid work under an employment contract, commission contract,
contract for a specific work, tolling contract or under another legal instrument.’ The fact
that labour is allowed suggests that it cannot entail forcing the prisoner to perform work
under the aforementioned legal instruments. Additionally, it should be emphasised that as
far as the employment under Article 123a§2 and 3 of the Penal Enforcement Code is
concerned, the convicted person is entitled to refuse work of specific forms and types.
95.
Regarding para. 88 of the report, continuous Education Centres at correctional
facilities, being public educational institutions established to follow the curriculum and
teaching contents, are subject to legal regulations of the Ministry of National Education.
The school year calendar set by the Minister of National Education specifies holiday break,
during which educational institutions, including Continuous Education Centres, do not
operate. Other short forms of workshops (courses) organised by correctional facilities,
which are funded from the post-penitentiary aid and the POWER programme, are offered
throughout a year, in all calendar months.
96.
With regards to para. 89 of the report, as part of corrective and resocialisation
efforts addressed to convicted persons, steps were taken to increase the employment rate of
persons deprived of liberty, consisting among others of implementing the ‘Employment for
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