CAT/OP/POL/CSPRO/1
controlling prisoners and visitors at the statutory level so that its officers would enjoy
adequate powers in comparison to other uniformed services.
Complaint mechanisms
136. With regards to paras 112 and 113 of the report, detainees of penitentiary
facilities enjoy a constitutional right to lodge complaints in a free and unrestricted manner.
Complaints are processed in accordance with the rules of striving for the lack of bias and
the determination of objective truth.
137. In accordance with the provisions of the Penal Enforcement Code, complaints
lodged by detainees of correctional facilities and pre-trial detention centres are handled
within a procedure provided for in Article 6 and Article 7 of the Code. Pursuant to Article 6
§ 2 of the Penal Enforcement Code, a convicted person may lodge applications, complaints
and requests to bodies that are competent to execute the judicial ruling. Article 7 of the
Penal Enforcement Code, in turn, stipulates that the convicted person may appeal against a
decision of the body named in Article 2(3–6) and 10 before the court on the ground of its
unlawfulness.
138. To illustrate this according to statistical data in 2017 1,239 claims were raised in
reference to the manner of handling a complaint, out of which 32 were considered justified,
while in 2017 the number of claims was 2,526, out of which 48 were considered justified.
139. No example was recorded of a justified complaint concerning the use of retaliation
against prisoners who have lodged complaints or concerning lack of contact with the free
helpline operated by the Commissioner for Human Rights’ Office.
140. In 2018 organisational units of the Prison Service decided on 50,591 claims included
in complaints and provided clarifications to the Commissioner for Human Rights in 1,836
cases. The data above shows that prisoners are able to contact the Commissioner for Human
Rights’ Office freely and they are able to lodge complaints.
141. It should be, therefore, emphasised that convicted persons deprived of cash do not
incur the cost of sending complaints and requests and that they receive paper and envelopes
from the facility’s administration. The fact that prisoners use special mailboxes located in
residential wards to send correspondence to international human rights protection
institution is a choice made by prisoners themselves and independent of the
administration’s will.
142. Within the penitentiary facilities prisoners may use pre-paid card stationary
telephones in accordance with the provisions of the Penal Enforcement Code and internal
regulations. External telecom operators do not introduce any restrictions in access to the
helpline operated by the Commissioner for Human Rights and making calls to this helpline
does not require special authorisations.
143. Also, on 9–10 October 2019 a random control of call options for the Commissioner
for Human Right’s helpline, i.e. 800 676 676, was carried out with the use of phone devices
available to prisoners in the following facilities:
• Correctional Facility in Strzelin – Orange and Dialtech;
• Correctional Facility in Wołów – Orange and Dialtech;
• Correctional Facility No. 1 in Wrocław – Orange;
• Correctional Facility in Siedlce – Telestrada;
• Pre-trial Detention Centre in Piotrków Trybunalski – Orange and Ahmes;
• No restrictions in calls to the helpline were identified during the inspections.
144. Information on the right to phone calls is made available to prisoners through
operators’ helplines and in leaflets distributed in cells, posters available in shared spaces or
stickers attached directly on phone equipment.
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