Places visited by the National Preventive Mechanism in 2011
situation when they use their rights only to a limited extent, in fear of “falling into disfavour with the staff ”. In the opinion of the National Preventive Mechanism, the type of
prison where prisoners of External Wards serve their custodial sentences (i.e. open and
semi-open) is in itself a sufficient opportunity to verify the self-discipline of prisoners. The
prisoners are well aware that they are in such wards thanks to a positive criminological
prognosis and that they risk returning to closed prisons, if they violate the relevant regulations. The prisoners from the establishment also reported that the prison officers request
for disciplinary actions against them, if they try to wash themselves in shower rooms available to all at the time which is not meant for a bath. According to the NPM, disciplinary
actions in such cases are an example of abuse of power by the prison officers. The National
Preventive Mechanism reminds that pursuant to Rule 57.1 of the European Prison Rules51,
only conduct likely to constitute a threat to good order, safety or security may be defined as a
disciplinary offence.
The visiting team found that in the Prison in Tarnów-Mościce the reaction to any sign
of discontent showed by detainees resulted in a request for disciplinary action filed to the
head of the establishment. Many interviewed prisoners stated that prison officers treated
them too harshly and filed the said requests when it was unnecessary in view of the fact
that their infringements were insignificant (for example, a request for disciplinary action
for keeping food on a window sill, for asking for clarification of an unclear instruction or
for using the teletext). Some prisoners complained that requests for disciplinary action
were also filed when the given instructions could not be performed. In the opinion of the
National Preventive Mechanism, the above-described situations may result in tense
relations between prisoners and Prison Service officers which, in turn, may lead to
unnecessary conflicts. In the same establishment, the prisoners complained about the
collective responsibility practices. This is in contradiction to Rule 60.3 of the European
Prison Rules52 stipulating that collective punishments (...) and all other forms of inhuman or
degrading punishment shall be prohibited.
In reply to the recommendation on disciplinary actions, the head of the Pre-Trial Detention Centre in Olsztyn informed the Mechanism that disciplinary procedures are a
method of working with prisoners and serve to remind them about the limits, which if
violated can result in severe consequences. He denied that there had been any requests
for disciplinary action for prisoners washing themselves during the time not meant for a
bath. The head of the Prison in Tarnów-Mościce explained that the issue of requests for
disciplinary action was discussed at the briefing of the management and of the prison and
security services, as recommended by the NPM. He denied that collective responsibility
was applied to prisoners.
Recommendation Rec(2006)2 of the Committee of Ministers to member states of the Council of Europe on the European
Prison Rules.
Ibidem.
51
52
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