United Nations Human Rights Website - Treaty Bodies Database - Document - Sessional/Annual Report of Committee - for exculpation from the crime of torture. 94. It also urges the State party to improve the measures taken to prevent the torture of persons deprived of their liberty and to strengthen protection in prisons. E. Poland 95. The Committee considered the second periodic report of Poland (CAT/C/25/Add.9) at its 276th, 277th and 279th meetings, held on 20 and 21 November 1996 (see CAT/C/SR.276, 277 and 279), and adopted the following conclusions and recommendations. 1. Introduction 96. The Committee thanks Poland for its report and for having once again begun a fruitful and constructive dialogue with the Committee. Notwithstanding the delay in Poland's submission of its second periodic report, the latter is in keeping with the requirements of the Convention and the general guidelines established by the Committee concerning the form and contents of reports. 2. Positive aspects 97. Poland is one of the first Eastern European countries to have initiated at an early date radical changes and reforms in all areas - economic, political, social and legislative. It has ratified the European Convention on Human Rights, the Convention against Torture and other international human rights instruments. The Committee notes with satisfaction the progress made in combating the different forms of torture. 3. Factors and difficulties impeding the application of the provisions of the Convention 98. The Committee notes that most of the reforms mentioned in the oral and written reports are still at the drafting stage. 4. Principal subjects of concern 99. The Committee is concerned about certain shortcomings in the legislation in force intended to combat torture. Domestic legislation does not contain any definition of torture, as required in articles 1 and 4 of the Convention. Moreover, there is no way for the Committee to determine whether, under existing legislation, obedience to a legitimate hierarchical authority may be invoked in justification of an act of torture. 100. The Committee is also concerned that Polish legislation permits periods of pre-trial detention which may prove excessive. 101. The Committee deplores the existence in Polish legislation of provisions authorizing the use of physical force, particularly against minors. http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/de75e94f920bd0a0802565a600537744?Opendocument (21 of 109)16/10/2006 9:54:12 AM