CAT/OP/POL/CSPRO/1 7. The definition of tortures included in Article 1 of the Convention is, therefore, fully reflected by Polish law, but due to its extensiveness and character, specific provisions are included in various parts of the criminal code, depending on the rights violated. In view of the above, the potential introduction to the Criminal Code of a definition of tortures included in the Convention would have no meaning from the perspective of the protection of human rights in Poland; this would be only a repetition of provisions already existing in Polish law. Additionally, accepting in full the definition of tortures as elements of only one crime would violate the rules of classification adopted in the Polish criminal law, according to which criminal acts are classified according to the type of violations of individuals’ rights protected by law. 8. As far as the matters raised in the recommendation in point 46 are concerned, the legal status quo in this regard has been discussed in the remarks made in reference to point 35. Separation of categories 9. With regards to paras. 38 and 39 of the report, the manner of prison population’s placement is regulated by the Act of 6 June 1997 of the Penal Enforcement Code (Journal of Laws of 2017, item 665 as amended). The actions of the prison administration in this regard are monitored in accordance with the rule of judicial control over out-of-court enforcement bodies and also through the inspections of the representatives of the Commissioner for Human Rights and the National Mechanism for the Prevention of Torture. It should be emphasised that the Prison Service pays due attention to the area discussed, taking into account the architectural design of organisational units. In particular, the placement has an impact on security, as referred to in Article 108 of the aforementioned Act, and on preventing harmful influences of demoralised convicted persons. 10. The Prison Service strictly respect the provision of Article 212 § 1 of the Penal Enforcement Code, which requires that first-time inmates be separated from those who have already served time in prison, and that juveniles be separated from adults. In addition, the recommendations of the authority at whose disposal the detainee remains shall be taken into account in order to safeguard the proper conduct of criminal proceedings and to ensure detainee safety in a pre-trial detention centre. Another provision important for the placement of convicted persons is Article 110, in particular its § 4, specifying the criteria to be taken into consideration. 11. In response to the allegation that convicted persons and persons awaiting trials are from time to time detained in the same ward or even placed in the same cell, and that people detained for what was referred to in the report as ‘civil offences’ were placed in the same cell with people detained for criminal offences, as of 9 October 2019 in pre-trial detention centres and in correctional facilities there were 8,534 persons under pre-trial detention, 64,911 convicted persons (including 1,052 convicted persons under pre-trial detention) and 857 persons sentenced under misdemeanour law (including 44 persons sentenced under misdemeanour law under pre-trial detention). 12. In penitentiary facilities located within the Republic of Poland, persons under pretrial detention, who are not covered by the regulations on the execution of imprisonment sentence, are placed in wards and cells separately from convicted persons and they are subject to different treatment, which reflects their status of non-convicted persons. Also persons subject to the penalty of custody for misdemeanour or penalties for the breach of order, as well as persons made subject to coercive measures resulting in the deprivation of liberty, are separated from convicted persons. 13. Additionally, when making placements for persons subject to pre-trial detention, the administration of the pre-trial detention centre takes into account the instructions of the body at whose disposals such persons remain, with a view to ensure the correct course of criminal proceedings and security in a pre-trial detention centre. Persons linked to one another are separated based on written information from the disposing body or the court that ordered pre-trial detention. To ensure proper isolation of persons under pre-trial detention linked to one another, to whom the regulations on the execution of imprisonment sentence do not apply, they are divided into groups. The number of groups and their 4