Report of the HRD on the activities of the National Preventive Mechanism in Poland in 2011
European Convention on Human Rights. According to Rule 19.3 of the European Prison
Rules44, prisoners shall have ready access to sanitary facilities that are hygienic and respect
privacy. The Standard Minimum Rules for the Treatment of Prisoners45 stipulate that the
sanitary installations shall be adequate to enable every prisoner to comply with the needs
of nature when necessary and in a clean and decent manner (paragraph 12). In the opinion of the NPM, the provision of a bucket to enable the prisoner to comply with the
needs of nature does not meet the above standards.
The head of the Pre-Trial Detention Centre in Grójec informed the representatives to
the Mechanism that the safe cell had been modernised.
Due to irregularities found by the NPM in using coercive measures in the Prison in
Sieradz, the Director General of the Prison Service in Łódź ordered the head of the visited
establishment to take appropriate disciplinary measures against the responsible persons.
The issue concerning the use of coercive measures in the Prison in Nowy Wiśnicz was
reported to the relevant prosecutor’s office and is monitored by the NPM.
The National Preventive Mechanism recommended to:
• Eliminate irregularities in the treatment of prisoners, in particular those subject
to coercive measures;
• Create appropriate living conditions for prisoners in the safe cell by means of
modernising it to ensure appropriate temperature, and by providing sanitary
facilities.
d) Right to health care
The quality of health care provided to prisoners in the visited establishments varied.
However, due to the lack of medical experts in the visiting team, the NPM could not fully
evaluate the health care provided.
During the visit to the Prison in Trzebinia and the Prison in Sieradz, the visiting team
found that no preventive health care was provided in the establishments. According to the
CPT standards, the task of prison health care services should not be limited to treating sick
patients. They should also be entrusted with responsibility for social and preventive medicine.46 According to the employees of the National Preventive Mechanism, preventive
health care should be provided to all prisoners.
The representatives of the Mechanism also found that in some establishments the medical examinations of prisoners took place in the presence of Prison Service officers (Prison
in Nowogard, Prison in Sieradz, Pre-Trial Detention Centre in Olsztyn). The National
Recommendation Rec(2006)2 of the Committee of Ministers to member states of the Council of Europe on the European
Prison Rules.
Standard Minimum Rules for the Treatment of Prisoners adopted by the First United Nations Congress on the Prevention
of Crime and the Treatment of Offenders, held at Geneva in 1955, and approved by the Economic and Social Council by its
resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977.
46
§ 52 of the 3rd General Report [CPT/Inf (93) 12].
44
45
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