Small living space for inmates in cells Unfortunately, despite the NMPT efforts to increase the cell size per capita described in the 2017 and 2018 Annual Reports, the Ministry of Justice does not see a need to make such changes80. According to the regulations applicable in Poland, an inmate is guaranteed a minimum of 3 m2 of a cell area. The legislation also allows for a reduction in this standard81. In such cases an individual is unable to function normally. The Polish standard is contrary to international standards and practices of the majority of the European countries82. Since 1996 Polish authorities have been called by international organizations such as European Committee for the Prevention of Torture and Unhuman and Degrading Treatment or Punishment (CPT), UN Committee against Torture (CAT), UN Sub-Committee against Torture (SPT) to ensure minimum 4 m2 of cell space to prisoners. CPT CPT repeatedly calls the Polish authorities to increase minimum standards of accommodation for inmates to minimum 4 m2 in multi-person cells (except for toilet zone) and 6 m2 in single cells83. CAT Poland should take actions, including those aimed at increasing prison capacity, in order to ensure compatibility with the European standard of at least four square metres of accommodation area for each inmate84. SPT According to repeated recommendations of the European Committee for the Prevention of Tortures and Unhuman Treatment or Degrading Treatment of Punishment, the Sub-Committee recommends that the State Party increase the minimum standard of accommodation per one inmate to at least four square metres in multi-person cells (not counting toilet zone) and six square metres in single cells. This problem is additionally aggravated by the fact that prisoners who work or do not participate in correctional schemes may usually spend minimum one hour daily outside85. 80 81 82 83 84 85 40 See the 2018 Report of Commissioner for Human Rights on the operation of the National Mechanism for Torture Prevention. Art. 110 of the Act of 6 June 1997 – Code of Enforcing Judgments in Criminal Cases (Journal of Laws (Dz. U.) of 2020, item 523 as amended). See The Report of the Commissioner of Human Rights on the operation of the National Mechanism for the Prevention of Torture in 2018. CPT Report on the visit to Poland, CPT/Inf (2018) 39, paragraph 59. Committee against Torture, Concluding observations on the combined fifth and sixth periodic reports of Poland, 23 December 2013, CAT/C/POL/CO/5-6, paragraph 19. SPT Report on a visit to Poland, CAT/OP/POL/ROSP/1, paragraphs 80 and 81. PART IV – Situation in places of detention