(11) The Committee expresses its concern at the persistent allegations of the involvement of Poland in
extraordinary renditions in the context of the fight against international terrorism. On the other hand, the Committee
takes note of the statement made by the Polish delegation that Poland has not participated and is not participating in
any form whatsoever in extraordinary renditions of persons suspected of acts of terrorism (arts. 2 and 3).
The State party should apply the non-refoulement guarantee to all detainees in its custody and take all
the necessary measures to avoid and prevent the rendition of suspects to States where they might face a
real risk of torture, in order to comply with its obligations under article 3 of the Convention. The State
party should always ensure that suspects have the possibility to challenge decisions of refoulement.
Detention of asylum-seekers and other non-citizens
(12) The Committee notes with concern the absence of specific laws concerning the detention of aliens after the
deadline for their expulsion and the fact that some have been detained in transit zones beyond the deadline of their
expulsion without a court order (arts. 3 and 11).
The State party should take the necessary measures to address this situation and ensure that the
detention of aliens in transit zones is not excessively protracted and that, if the detention were to be
extended beyond a few days, the decision is adopted by a court.
(13) The Committee also notes with concern the regime and material conditions of detention in transit zones or
deportation detention centres where foreign nationals awaiting deportation under the aliens’ legislation are held
(arts. 3 and 11).
The State party should review the regime and material conditions of deportation detention centres,
including the size of cells and the regime of activities of the detainees, in order to ensure that they are
in conformity with minimum international standards.
Treatment and excessive use of force, including killings, by law enforcement officials
(14) The Committee is concerned about reports on the excessive use of force by law enforcement officials, with
particular reference to the incidents which occurred during the student holiday in Lódz in May 2004 and the use of
penetrating ammunition6 “by error”. The Committee is particularly concerned by the fact that the investigation is
still under way as well as by the lack of information on the disciplinary measures imposed on the police officers held
responsible and who are currently under investigation (arts. 10 and 12).
The State party should:
(a)
Ensure prompt, impartial and effective investigations into all complaints or allegations of
misconduct, in particular when a person dies or is seriously injured following contact with law
enforcement officials. In connection with prima facie cases of torture and ill-treatment, the suspect(s)
as a rule should be subject to suspension or reassignment during the process of investigation, especially
if there is a risk that he or she might impede the investigation;
(b)
Try the alleged perpetrators of acts of abuse and, when convicted, impose appropriate
sentences and adequately compensate the victims in order to eliminate the de facto impunity for law
enforcement personnel who are responsible for violations prohibited by the Convention;
(c)
Review and strengthen its education and training programmes relating to the use of force
and weapons by law enforcement officials in order to ensure that the use of force is strictly limited to
that required to perform their duties.
6
Also known as body armour breaching ammunition.
77
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