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 29

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