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 23

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