Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2013 Introduction Dear readers, Torture is one of the gravest violations of fundamental human rights. Apart from breaching other rights, it violates human dignity, protected by the Polish Constitution as the source of other rights. In spite of a general ban on torture in the international law, it still happens. Regular, unannounced visits to places of detention are considered to be one of the most effective measures for prevention of torture and other prohibited forms of treatment of inmates. They supplement the court system, managed in this respect by the European Court of Human Rights in Strasbourg. The Republic of Poland is one of 72 States-Parties that ratified the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment1 (hereinafter: the OPCAT or Protocol), adopted by the General Assembly of the United Nations in New York on 18 December 2002. Poland is also one of 57 countries that have designated their National Preventive Mechanisms. The objective of the Protocol was to establish a system of regular visits carried out by independent bodies to all places where persons are deprived of their liberty. The aim of these measures is to prevent torture and other cruel, inhuman or degrading treatment or punishment. The year 2013 was the sixth year when the Human Rights Defender performed the tasks of the National Preventive Mechanism. Representatives of the Defender carried out unannounced visits to 125 various detention centres across the country. The places were selected taking into account their type, size and location in the country. All available information on the problems of individual institutions was also taken into consideration. Compared to the reports from previous years, this publication presents also final and valid judgments of courts in penal cases, delivered in the years 20082012, which prove that torture was used and was confirmed by the judiciary. Our report presents the major findings of preventive visits and diagnoses systemic problems. Unfortunately, numerous systemic problems identified in previous years have not been solved. The most important of them include: unlawful, and in some cases, long wait to serve a prison sentence, the lack of proposed Dz. U. of 2007 No 30, item 192. 1 5

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