(c)
Revise the judiciary regulations to bring them into conformity with the relevant international
legal instruments, in particular (i) the Basic Principles on the Independence of the Judiciary, adopted in 1985,
and (ii) the Guidelines on the Role of Prosecutors, adopted in 1990;
(d)
by torture;
Ensure, in practice, absolute respect for the principle of the inadmissibility of evidence obtained
(e)
Formally prohibit the expulsion, return or extradition of persons to a State where they would
be in danger of being subjected to torture;
(f)
Make the declarations under Articles 21 and 22 of the Convention;
(g)
Report to the Committee, in the next report, to be submitted in October 2000, on the missing
or incomplete replies to the questions concerning, in particular, the number of persons detained and the number
of persons executed after being sentenced to death during the past two years.
H. Poland
82.
The Committee considered the third periodic report of Poland (CAT/C/44/Add.5) at its 412th, 415th
and 419th meetings, held on 2, 3 and 5 May 2000 (CAT/C/SR.412, 415 and 419) and adopted the following
conclusions and recommendations.
1.
Introduction
83.
The Committee notes with satisfaction that the third periodic report is comprehensive, informative and
conforms with the general guidelines for the preparation of State party reports, with regard to both form and
content.
84.
The oral statement of the delegation of Poland and its explanations and clarifications and the discussion
that followed complemented the written information provided.
2.
Positive aspects
85.
The Committee notes with appreciation the impressive and successful efforts made by the State party
that have led to major transformation in the political, social, economic, legislative and institutional spheres in
Poland.
86.
The Committee notes in particular:
(a)
The adoption of the new Constitution which entered into force on 17 October 1997 and which
contains new elements for the defence of freedoms and the rights of citizens, stipulates the respect of
international law binding on Poland and ensures the precedence of international agreements over domestic law
in case of conflict;
(b)
The introduction in the new Constitution of the norm that stipulates that "no one be subjected
to torture or cruel, inhuman or degrading treatment or punishment", which is an important step towards
achieving the requirements and recommendations of the Committee, namely that a definition of torture which
fully covers all the elements in the definition contained in article 1 of the Convention be incorporated in
domestic law;
(c)
The abolition of the death penalty;
21
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents