The National Mechanism for the Prevention of Torture does not undermine the justification for body control, however, due to the above mentioned issues related with appealing against it, the matter is being monitored. On 18 July and 20 August 2019 the Commissioner for Human Rights presented remarks to a proposal for amendments to the Code of Enforcing Judgments in Criminal Cases, which included i.a. the above mentioned issues89. The standard concerning forensic psychologists According to the NMPT, the delivery of psychological services in prisons is insufficient. The standard determined by Director General of Penitentiary Service provides for a provision of one psychologist to a group of 200 inmates90. Having so many prisoners to attend to, psychologists are unable to deliver their services effectively. Moreover, the above mentioned requirement provided in the Decision of Director General of Penitentiary Service of 14 April 2016 is not fulfilled in all the facilities. In a Temporary Detention Centre in Zaręb, as a consequence of maternal leave of one psychologist, 382 inmates had to rely on 1 psychologist. Since 2016 this problem was reported to Director General of Penitentiary Service91. The situation of inmates suffering from physical disorders According to NMPT, inmates with reduced physical capacity belong to a risk group in terms of torture, unhuman and degrading treatment. Imprisonment of those suffering from chronic reduction of physical capacity is impacted by the amended Ordinance of the Minister of Justice of 23 June 2015 concerning administrative actions related with the execution of pre-trial detention as well as penalties and coercion measures resulting in imprisonment and with documentation of those actions92, as a consequence of which, since 1 July 2015 penitentiary facilities should also accept individuals who require instant hospitalization due to direct life- or health threat or women from the 28th week of pregnancy. Moreover, the problem is inseparably linked with demographic changes taking place in Poland. As an ageing society we are facing the problem of decreasing cognitive and physical ability among both free and imprisoned citizens. Having regard to the NMPT mandate, representatives of the National Mechanism pay special attention to the situation of inmates who can be treated while in prison and who, while not fulfilling the disability requirements, require standing support of fellow inmates due to their health condition. There is only one hospital department within the Polish prison system, which is dedicated to such individuals, i.e. The Chronic Diseases Department in the Czarne Prison. As a result of a limited number of places in that facility, inmates sometimes wait for admission for more than one year. 89 90 91 92 42 https://www.rpo.gov.pl/pl/content/opinia-rpo-o-zmianach-w-kodeksie-karnym-wykonawczym; https://www. rpo.gov.pl/pl/content/sposob-oceny-przeprowadzenia-kontroli-osobistej-wieznia-dodatkowa-opinia-rpo-do-nowelizacji-kodeksu. Order no 19/16 of Director General of the Penitentiary Service dated 14 April 2016 concerning detailed rules for the organization of the prison operation and job descriptions of prison officers and therapists, § 3 (2). See chapter on General interventions. Journal of Laws (Dz. U.) of 2015, item 927. PART IV – Situation in places of detention

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