PART II
– How does the NMPT work?
The powers of the National Mechanism for the Prevention of Torture are laid down in Article 19 of
the OPCAT. Although the primary method of work indicated by OPCAT is conducting of preventive visits
to places of detention, such visits constitute only a part of the process aimed at ensuring a better treatment of persons deprived of their liberty. In order to prevent torture and inhuman treatment it is also necessary to take other measures including education, training and actions increasing public awareness, as
well as advisory activities such as recommendations of changes in law and commenting on draft legal acts.
NMPT’S work methodology
The National Mechanism for the Prevention of Torture has the right to visit all places of deprivation of liberty in Poland9. Such places include all establishments (public or private ones) where
persons are or may be deprived of their liberty either by virtue of an order given by a public authority
or at its instigation or with its consent or acquiescence 10.
The National Mechanism for the Prevention of Torture carries out
preventive visits which do not result from complaints. Such visits are
unannounced.
During the visits, the Mechanism’s representatives may record sound, with the consent of individuals who are going to be recorded, as well as hold meetings with persons deprived of their liberty
without the presence of other parties and meet individuals who, at their discretion, may provide
significant information11.
In all the establishments visited, the NMPT follows the same methodology. The first stage is to
establish the composition of the visiting team12.
The visiting team consists of several persons, with one person performing the role of a group
coordinator who is responsible for drawing up a visit report. Two persons, including the team coordinator, inspect the premises and buildings of the establishment, while others conduct individual
conversations with persons deprived of their liberty. External experts participating in visits draw up
expert opinions concerning a specific aspect of the operation of the inspected place which are later
incorporated in the visit report.
9
10
11
12
12
Article 19 OPCAT.
Article 4 OPCAT.
Cf. Art. 13(1a) of the act on the CHR.
According to OPCAT provisions, experts of the national preventive mechanisms should have the required capabilities and professional knowledge.
PART II – How does the nmpt work?