CAT/OP/POL/CSPRO/1
conduct of prisoners who breached the order rules of the penitentiary facility to the same
degree.
69.
In reference to allegations concerning racist persecution and discrimination to which
the attention of the representatives of the UN Subcommittee was drawn in para. 74 of the
report, it should be pointed out that this area of issues is monitored by the Prison Service’s
bodies. According to the analysis of the complaints submitted by detained persons prepared
each year, in 2018 35 claims of racial-based or ethnic-based discrimination were recorded
in reference to the officers and members of staff of the Prison Service. They were
considered unfounded in the course of procedures carried out. Professional workshops for
the officers and the members of staff of the Prison Service cover such topics as ‘UN
International Standards for Dealing With Persons Deprived of Liberty’.
70.
As far as para. 75 of the report is concerned, it should be mentioned at this point
that in Correctional Facility No. 1 in Wrocław:
• No collective punishment is applied. Each request for disciplinary sanction is
analysed on a case-by-case basis by the person in charge of penitentiary wards.
Prisoners in penitentiary facilities are required to behave correctly, respect the rules
and report any threats that they may encounter. Pursuant to Article 116a(1) of the
Penal Enforcement Code, prisoners are not allowed to belong to informal structures
of the prison subculture. The prison subculture intends to fight against the
administration of the correctional facility and discriminate against prisoners who are
not members of the subculture. The example of disciplinary sanction applied, as
alleged by the report, to two prisoners involved in a fight was a result of analysing
individually requests for punishment issued for each of them and not of a collective
punishment practice.
• The action of the facility’s administration consisting in giving the prisoners a half of
cash sent to them by their families is in line with applicable regulations, i.e. Article
126 § 1 and 2 of the Penal Enforcement Code. The remaining part of cash is
deposited on the accounts of prisoners and paid to them upon release from the
correctional facility.
• Personal hygiene is maintained with personal care articles provided to each prisoner
by the administration of the correctional facility. Women receive such articles as:
soap, toothpaste, washing powder, toilet paper, toothbrush, shampoo and sanitary
accessories under such terms and in such numbers as specified in the applicable
Ordinance of the Minister of Justice on living conditions of detainees of correctional
facilities and pre-trial detention centres. Subject to the approval of the Director of
the Correctional Facility, prisoners may receive packages with personal care articles
and other items of personal use from their relatives.
• Meals are prepared taking into account the requirements on energy value, size of
portions, nutrient levels (percentage of fats, proteins and carbohydrates), as well as
on the minimum amount of vegetables, as specified in the Ordinance of the Minister
of Justice on the nutrition of prisoners in correctional facilities. The obligation to
ensure a daily intake of food expressed in energy value and the levels of nutrients
(fats, proteins and carbohydrates) and vegetables is strictly adhered to. The common
room of the K pavilion is equipped with domestic appliances, such as oven, a
microwave and a kettle, where the prisoners may prepare an additional meal for
themselves.
• Correctional Facility No. 1 in Wrocław is equipped with an automated system
responding to weather conditions. The system adjusts the heating functions
according to the weather conditions outside and the target temperature settings in
heated rooms. In interim periods, when significant temperature amplitudes are
recorded, the heat distribution substation is activated or de-activated depending on
the temperature outside. The minimum outside temperature at which the substation
is active is l00 C and above this temperature the substation is automatically shut off.
The automated control is set according to the calculated temperature tables for
heated rooms. Additionally, an inspection of the sources of heat, transmission
network, heating installation and equipment was carried out and no irregularities
17
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