Report of the HRD on the activities of the National Preventive Mechanism in Poland in 2011
OPCAT, which stipulates that confidential information collected by the national preventive
mechanism shall be privileged. No personal data shall be published without the express consent of the person concerned. Furthermore, the Act also stipulates that the Defender has
the powers to perform the functions of the national preventive mechanism. Pursuant to
the amendment, the Defender also has the right to record sound or image in places where
persons deprived of liberty are kept upon consent25 of such persons, and to meet with
persons deprived of liberty unaccompanied by other persons; the Defender may also meet
with other persons who in her opinion may provide important information. Therefore, the
possibility to carry out full, legal visits was restored. It must be emphasized that pursuant
to Article 21(1) of OPCAT no authority or official shall order, apply, permit or tolerate any
sanction against any person or organization for having communicated to the national preventive mechanism any information, whether true or false, and no such person or organization
shall be otherwise prejudiced in any way.
All visits under the National Preventive Mechanism are unannounced. The objective
of monitoring any place of detention is to obtain the most accurate image of the visited
establishment. If such visits were announced in advance, they could give a distorted image
of everyday life in the place of detention, since their announcement would give the administration time to prepare, and, possibly, to conceal real problems. An unannounced visit
to an establishment allows the visiting team to see the reality, and collect facts about the
observance of the rights of detainees or kinds of violation of such rights.
In all the visited establishments, the National Preventive Mechanism operates based on
the same methodology. The first stage is to establish the composition of the visiting group.
According to OPCAT, experts of national mechanisms should have the required capabilities and professional knowledge. The visiting team usually consists of 4 persons, including
2 women and 2 men, with one person performing the role of the group coordinator. Two
persons, including the team coordinator responsible for drawing up the report from the
visit, perform the inspection of the premises and buildings of the establishment, while others conduct individual talks with prisoners. The length of a visit depends on the size of the
visited establishment and on the problems encountered on site. It usually lasts for 1 to 3
days. The visits of the National Preventive Mechanism have the following stages:
• Talks with the management;
• Inspection of all rooms;
• Individual and group talks with the detainees;
• Talks with the personnel;
• Analysis of documents;
• Formulation of post-visit recommendations during the talk summing up the visit,
and receiving explanations from the management.
Images and sound registered in such a way are kept in the Office of the Human Rights Defender for the period required in a
given case, however not longer than for 10 years.
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