to the Commissioner for Human Rights, in the cells in which a sink is located outside a separated toilet
zone and it is the only device of that type in a cell, intimacy of inmates who want to wash themselves
is not ensured.
SPT
It is recommended that the State Party continue renovation, improvement and modernization of accommodation conditions in detention facilities in order to ensure that
conditions in prisons conform at least to the UN standard minimum rules of handling
prisoners (Mandela Rules)104.
National Centre for the Prevention of Dissocial Behaviours
Between 8–11 April 2019 the National Mechanism for the Prevention of Torture conducted
a visit to the National Centre for the Prevention of Dissocial Behaviours in Gostynin (hereinafter
as NCPDB)105. The facility was established pursuant to the Act of 22 November 2013 on handling individuals suffering from mental disorders who pose threat to other peoples’ lives, health or sexual freedom106. This is the only such facility in Poland. The Act defines that this is a healthcare facility, the aim
of which is to deliver therapy to dangerous individuals accommodated there. NCPDB is funded by the
state and answers to the Minister of Health. NCPDB inmates are placed there based on court decisions.
systemic problems
Principles of refering patients to NCPDB
NCPDB is not a psychiatric hospital, so mentally ill people should not be accommodated there.
This is a facility for people who are to be treated due to personality disorders, sexual preference
disorders or mental handicaps.
However, as a result of an analysis of one case it was found out that one of NCPDB patients was
a person who was diagnosed with a mental disease in the prison mental hospital. Despite this fact
the court decided to place the person in NCPDB. NCPDB director applied to the Provincial Court in
Płock many times to release that person due to the fact that this is a mentally ill person, and NCPDB
does not provide psychiatric treatment. Despite this, the subsequent opinions of experts called by
the Provincial Court in Płock were divergent with the opinion of NCPDB personnel who works with
such a patient every day. Concerns about the person were also raised by CPT delegation who visited
the Gostynin facility in 2017:
104
105
106
46
SPT report on a visit to Poland, CAT/OP/POL/ROSP/1, paragraph 83.
KMP.574.1.2019.
Consolidated text in Journal of Laws (Dz. U.) of 2019, item 2203.
PART IV – Situation in places of detention
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