CAT/OP/POL/CSPRO/1
Convention for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment and the Optional Protocol to the Convention relevant to the issue discussed.
20.
List of workshops for the judiciary staff scheduled for 2020 which concern the
topics covered by the Convention
(a)
Communication with people with disabilities and respecting their rights in
criminal proceedings and civil proceedings: 4 editions, 70 participants each – 16 hours.
Reasons for covering the topic: Ensuring all citizens equal access to the widely understood
judiciary and equal treatment of people with disabilities within proceedings are of
paramount importance and of interest to the public. Therefore, it is important to present
legal obligations towards people with disabilities, both during proceedings and in terms of
access to information and infrastructure in courts and public prosecutor’s offices. During
the training workshop, people with disabilities will point out difficulties experienced in
their contact with courts and public prosecutor’s offices and they will present methods that
facilitate communication. Specific topics, such as: respecting the rights of people with
disabilities; rules of communication with people with disabilities; overcoming barriers in
communication with the people who are deaf, speech impaired, the blind and visually
impaired; planning and organising procedures with a person with disability taking into
account the type of disability.
(b)
Medical law in the case-law of guardianship courts: 2 editions, 75 people
each – 16 hours. Reasons for covering the topic: The topic is still the most frequently
reported training need in the area of family and guardianship law. Issues discussed cover
the role of the guardianship court in cases based on the provisions of the Act of 19 August
1994 on the Protection of Mental Health (consolidated text, Journal of Laws of 2018, item
1878 as amended) and the Act of 5 December 1996 on the Profession of Doctor and Dentist
(consolidated text, Journal of Laws of 2019, item 537, as amended). Specific topics, such as:
proceedings concerning the placement of a person in Long-term Care Facility (ZOL) and
Nursing Home (DPS); forced detention in mental health institutions, both emergency-based
and request-based; constitutional and international standards of forced psychiatric treatment;
approval of the guardian court for medical procedures on a patient.
(c)
Crimes against sexual freedom and decency – selected aspects: 2 editions, 70
people each, 16 hours. Reasons for covering the topic: The issue of combating crimes
against sexual freedom and decency is difficult and complex. Cases of this nature are the
subject of wide public interest and hearing such cases requires a lot of sensitivity and
psychological, psychiatric and sexology-related knowledge on the part of judges and public
prosecutors. The need to organise the workshops arises from the continuous interest of
stakeholders in improving knowledge in this domain. The workshop session is also justified
by the currently proceeded legislative work in the Sejm concerning the draft Act amending
the Criminal Code and Certain Other Acts (Sejm Print No. 2154). Specific topics, such as:
sexual exploitation of minors, characteristics of perpetrators; special procedure for
interviewing child victims of crimes against sexual freedom, psychological opinions;
psychiatric opinions and sexology opinions in cases concerning crimes against sexual
freedom; dealing with a perpetrator with sexual preference disorders; strengthened
protection of aggrieved persons in the light of proposed amendments.
(d)
Enforcement proceedings in criminal cases – selected aspects: 11 editions,
55 participants each, 8 hours. Reasons for covering the topic: The topic of enforcement
proceedings in criminal cases is traditionally of interest to the target group and it is present
in the educational offer of the National School each year. Current topics related to
enforcement proceedings are presented. In 2020, the workshop session will be focused on
increasing effectiveness of cooperation between the court and a court-appointed guardian
(kurator).
As tasks of court-appointed guardians are defined by the court’s decisions, while actions
taken by professional court-appointed guardian are of paramount importance for the court’s
decision, it is necessary to create a platform for sharing experience. Specific topics, such as:
proper supervision over the convicted person – obligation of the court and the professional
court-appointed guardian; ordering of imprisonment (selected aspects) and replacement of
imprisonment with non-custodial sentence – importance of the professional court-appointed
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