CAT/OP/POL/CSPRO/1
psychological consultations which are supposed to establish his or her ability to be made
subject to the penalty of this kind in terms of mental and physical condition and to exclude
such person’s disposition to auto-aggressive behaviours. The doctor’s opinion concerning
the effects of the penalty for the convicted person’s health, depending on the conclusions,
may be a ground for deciding not to apply the penalty, replacing it with another penalty or
ordering a penalty, but suspending its execution. Positive relations between a doctor or a
psychologist and the convicted person are not distorted as actions taken by them are aimed
at protecting the person’s safety.
116. A disciplinary sanction of solitary confinement up to 28 days is provided for in
Article 143 §1(8) of the Penal Enforcement Code, while the manner and rules of execution
of the sanction are separately described in detail in Article 143 §3 of the Penal Enforcement
Code. The above seems to fully implement the recommendations included in points 94–95
of the document, but it is possible to provide more details of executing the disciplinary
sanction in question. Personality-related or mental health issues constitute a negative
condition preventing the application of the measure, if decided so by a doctor under general
rules. It seems that there is no actual risk of applying this measure to people with diagnosed
dysfunctions or mental health issues, both from the perspective of the assessment of the
social gravity of the offence and the counterproductivity of the sanction. Potential
legislative work on making the issue raised in Recommendation No. 97 more specific may
be considered.
117. A medical doctor does not have access to information on the use of physical
coercive measures, if their use was justified by reasons of security. The provisions of Polish
law do not require informing a medical doctor about each case of using physical coercive
measures. This is, however, obligatory whenever the use of physical coercive measures
resulted in an injury or another visible symptoms that endanger the life or health of a person
who has been made subject to such measures. At the same time, it should be emphasised
that pursuant to Article 115 of the Penal Enforcement Code (Journal of Laws 1997.90.557
as amended), convicted persons have guaranteed access to free healthcare services and may
use such services after registering for a medical appointment without being required to
disclose a reason for such appointment to unauthorised persons.
Food
118. Concerning paras. 100 and 101 of the report, in reference to the wording of the
part of the document concerning the delays in the delivery of food packages: ‘[...]
sometimes after the expiry dates for food products’. It should be stated that the convicted
person is entitled, at least three times a month, to purchase food products and tobacco
products and other products allowed to be sold in the correctional facility for the deposited
cash available to his or her disposal. Moreover, the convicted person is entitled to receive,
once a month, a food package consisting of food products or tobacco products bought
through the correctional facility. What is important is that the convicted person receives the
package after making a written order and paying the cost of preparing the package. The
order may be submitted by a relative. In accordance with the procedure adopted, packages
are delivered immediately after the order is processed. It should be emphasised that the
prices of products and expiry dates are subject to regular control.
Health care
119. With respect to para. 104 of the report, in all prisons and detention centres there
are medical facilities for persons deprived of liberty, in which prisoners are provided with
health services to the necessary extent. In units equipped with prison hospitals, medical
staff provides medical care 24 hours a day, seven days a week.
120. Prison health care cooperates with non-prison medical facilities in order to provide
persons deprived of their liberty with highly specialized medical care. The prison doctor
decides on the method and place of treatment.
121. Pursuant to the Ordinance of the Minister of Justice of 14 June 2012 on the
provision of healthcare services by medical treatment facilities for persons deprived of
liberty (Journal of Laws of 2012, item 738 as amended), a person deprived of liberty
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