Report of the HRD on the activities of the National Preventive Mechanism in Poland in 2011
their country of origin and persons remaining in guarded detention centres for foreigners
needs to be constantly monitored.
3. Recommendations of the National Preventive Mechanism
Having carried out preventive visits in 2011, the Human Rights Defender, acting in
the capacity of the National Preventive Mechanism239, issued recommendations which are
aimed at the proper implementation of standards stipulated in international and national
legislation. Below, the most important and most frequent recommendations issued for
specific types of establishments have been presented, broken down into recommendations
issued due to the fact that the Polish legal system lacks proper guarantees for observing the
rights of persons deprived of their liberty or due to insufficient funding from the State’s
budget (systemic recommendations), and recommendations whose implementation lies
within competencies of the management of individual establishments.
3.1. Prisons and pre-trial detention centres
Systemic recommendations
✓✓ Changing penal policy so that the judges would more often adjudicate alternative
means of punishment than custodial sentences;
✓✓ Ensuring appropriate sanitary and hygienic conditions in cells housing more than a
dozen persons;
✓✓ Ensuring without delay appropriate living conditions for prisoners, in accordance with
national legal provisions and with accepted international standards or abandon the
practice of placing detainees in pavilions which do not meet requirements related to
proper standard of living;
✓✓ Providing health care services out of sight and hearing range of Prison Service officers;
✓✓ Restoring the original function of recreation rooms which are used as cells;
✓✓ Using medical rooms in accordance with their purpose, and excluding them from the
list of rooms accounted for in assessing whether or not the facility is overpopulated;
✓✓ Informing detainees, e.g. as a part of cultural and educational activities or via the radio
broadcasting system, about legal and practical consequences of judgments of the Constitutional Tribunal and of the European Court of Human Rights in cases which directly
concern the detainees;
✓✓ Adapting some living cells to the needs of disabled prisoners;
✓✓ Equipping bunk beds with ladders and safety rails or exchange them for other beds
whose design ensures safety for prisoners.
Hereinafter referred to as: “NPM” or “Mechanism.”
239
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