CAT/OP/POL/CSPRO/1
of imprisonment sentence or the internal rules of the pre-trial detention centre. Detention in
the temporary cell does not mean any restriction in the use of rights arising from the Penal
Enforcement Code. Additionally, the claim that in the Correctional Facility in Płock ‘during
the quarantine period of 14 days prisoners were not allowed to stay outside cells’ is not true
as no proofs were presented to confirm the occurrence of such situation. At the same time
in the facility’s records there are no references to the fact that in June and July 2018
prisoners were subject to medical quarantine involving isolation or depriving prisoners of
their rights.
75.
As for the implementation of the recommendation to increase the minimum standard
for personal living space per inmate, the Committee expresses the view that, despite
subsequent visits and earlier recommendations, not all recommendations have been
implemented, in particular those referring to the need to introduce changes to the Polish
legal system in order to ensure the minimum standard for personal living space of 4 square
metres in multiple-occupancy cells and at least 6 square metres in single cells, with space of
sanitary annexes being excluded from this calculation.
76.
For several years, the issue of overcrowding in correctional facilities has been of
interest to the Ministry of Justice and the Prison Service. The requirements concerning the
minimum standard for personal living space per inmate defined in the Penal Enforcement
Code (Kodeks karny wykonawczy) as 3 square metres (Article 110 of the Penal
Enforcement Code) seem the maximum space that can be ensured by the Polish State to
detainees, given in particular the current number of staff in correctional facilities and pretrial detention centres and restructuring required.
77.
The above opinion does not exclude, obviously, steps on the part of Poland to take
actions of organisational character and make investments aimed at increasing the standard
living space per inmate.
78.
As of 9 October 2019, the occupancy of residential units in correctional facilities
was about 92.9%. The overall capacity of correctional facilities and pre-trial detention
centres as of the same day was 80,669 places, including 78,162 places in residential wards.
72,637 inmates were placed in residential wards of penitentiary facilities, while 1,662
detainees were placed in residential cells in hospital wards, wards and cells of the prison or
detention centre that ensured enhanced protection of the society and security of the facility,
solitary confinement cells, closed healthcare centres, rooms located in facilities for mothers
and children, as well as in temporary accommodation for convicted persons, which are
excluded from the total capacity of penitentiary facilities pursuant to § 2(2)(1) of the
Ordinance of 25 November 2009 concerning the mode of procedure applied by competent
authorities in case if the number of detainees in correctional facilities and pre-trial
detention centres exceeds the general capacity of such facilities (Journal of Laws of 2018,
item 946).
79.
The above statistics show that ensuring at least 4 square metres per inmate in multioccupancy cells and 6 square metres per inmate in single cells does not seem to be
achievable currently due to the aforementioned occupancy rate for pre-trial detention
centres and correctional facilities.
80.
An important element of decreasing the population of prisoners is the option to
execute the imprisonment sentence outside the correctional facility by means of electronic
monitoring. As of 14 October 2019, sentences are enforced by means of electronic
monitoring in the case of 4,618 prisoners.
81.
Initially, the electronic monitoring of convicted persons in Poland was applied based
on the Act of 7 September 2007 on the Execution of the Imprisonment Sentence outside the
Correctional Facility by Means of Electronic Monitoring, which applied in its original until
31 August 2014. Since 1 July 2015 it has been replaced by the provisions included in the
Criminal Code (Kodeks karny) and Penal Enforcement Code (Kodeks karny wykonawczy).
The amendment of the Criminal Code and certain other acts introduced a major change in a
manner of ordering and executing electronic monitoring due to the elimination of previous
options of applying the electronic monitoring to convicted persons sentenced to up to 1 year
of imprisonment and replacing it with the exclusive possibility of applying this system to
convicted persons sentenced for up to 1 year of restricted personal liberty. As a result of the
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