PART III – Difficulties with the execution of the nmpt’s mandate Visits to places of detention were performed in most cases appropriately and in a good spirit of cooperation. Representatives of the NMPT were usually granted access to rooms and vehicles of their choice. They could also hold confidential interviews with selected persons and inspect requested documentation. Yet, it came to the attention of the NMPT that despite conducted training on the protection of human rights and torture prevention, officers in Police stations are usually unfamiliar with the provisions of OPCAT and the National Mechanism as such is an unknown institution to them. Police officers were also unaware of the differences between preventive monitoring conducted by the NMPT and the visits of the Commissioner for Human Rights acting as the body guarding individuals’ rights and liberties (Ombudsman). The conclusions of the NMPT are in that regard concurrent with the observations made by the SPT made during the visit to Poland in 201835. The NMPT reported a violation of its mandate specified in the OPCAT in case of 3 Police stations. During the inspection of Police Station IV in Łódź36 the NMPT delegation was refused access to the premises of the Criminal Division. Moreover, delegation members were not allowed to prepare photographic documentation of station’s facilities and resulting from the decision of the prosecutor who was present onsite they also could not familiarize themselves with the files of conducted preparatory proceedings. During the inspection visit to Police station II in Łódź37, inspectors were asked to abort their activities and vacate the station’s duty-room since they, in the opinion of officers, did not have the right to access confidential information. The representatives of the NMPT discontinued their inspection. It was only after the intervention of the NMPT’s Director before the Deputy Plenipotentiary of the Commander-in-Chief of the Police for the Protection of Human Rights that the inspection could be resumed. At that point the representatives of the NMPT obtained access to all rooms (including Criminal Division) and could perform all their duties. As opposed to inspection in Police station IV in Łódź, here the inspectors could prepare photographic documentation of the facility and they were granted access to the files of preparatory proceedings, which were analyzed onsite. Given the violation of the NMPT’s mandate the Deputy Commissioner for Human Rights requested the Commander-in-Chief of the Police to undertake informative measures among police officers concerning the OPCAT and NMPT’s mandate38. The Commander-in-Chief of the Police was 35 36 37 38 Cf. Report of the SPT visit to Poland, CAT/OP/POL/ROSP/1, Art. 29-33. Police station IV in Łódż (KMP.570.14.2019). Police station II in Łódż (KMP.570.13.2019). Cf. Letter of the Deputy Commissioner for Human Rights of 3 June 2019, reference no. KMP.570.14.2019.RK. Report of the Commissioner for Human Rights on the activities of the National Mechanism for the Prevention of Torture in Poland in 2019 27