In the above mentioned case, identification of injuries was possible thanks to sensitivity of the
pre-trial detention centre personnel and their determination to establish the inmate’s injuries and
their causes. However, there are no measures within the system, which would make it possible to find
out about injuries of newly arriving inmates regardless of individual behaviour of pre-trial detention
centre personnel who suspects physical abuse of an inmate concerned.
The postulate of the National Mechanism, expressed in the 2016, 2017 and 2018 Annual Reports,
to introduce procedures defining how penitentiary facility personnel should act if an inmate reports
experiencing torture or violence, or there is a suspicion of such an inmate being a victim of torture or
violence, is still waiting to be fulfilled77. Prison officers, including prison doctors, have no procedures
to follow. Injuries are often documented very generally and medical personnel’s knowledge of the
Istanbul Protocol is deficient.
SPT
Initial physical examination of all the inmates should be carried out while using a standard questionnaire which, apart from general questions about health, should include
descriptions of all the recent acts of violence experienced by the inmate concerned.
A doctor should carry out a full physical examination, including inspection of the whole
body. If the doctor has reasons to suspect tortures or other forms of abuse, they should
inform appropriate authorities immediately. The same should apply to injuries which
occurred in detention.
Moreover, the Sub-Committee reminds a recommendation of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
to introduce procedures in order to make sure that always when the injuries recorded
correspond to the inmate’s account of abuse (or which point to such abuse even if no
account has been given by the inmate), the account should be forwarded to competent
authorities regardless of the inmate’s request. The results of such physical examination
should also be available to the inmate concerned, and to his/her defence counsel78.
As far as appropriate documentation of inmates’ injuries is concerned, in 2019 Human Rights
Commissioner acting as the National Mechanism for Torture Prevention referred to the Director
General of the Penitentiary Service79, which was described in the Chapter on General Interventions.
77
78
79
See e.g. Report of Commissioner of Human Rights on the operation of the National Mechanism for Torture
Prevention 2018.
SPT Report on the visit to Poland, CAT/OP/POL/ROSP/1, paragraphs 106 and 107.
General Intervention of CHR to Director General of Penitentiary Service of 29 January 2019, KMP.571.6.2017.
Report of the Commissioner for Human Rights on the activities of the National Mechanism for the Prevention of Torture in Poland in 2019
39
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