Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2013 the CPT (1996, 2000, 2004, 201341). If 4 m2 were ensured for each prisoner in line with the European standards, Polish prisons could accommodate approximately 60,000 prisoners. Therefore, the electronic tagging system is an undoubtedly good solution, since as at the end of 2013 it was used in the case of 4,864 convicted persons (i.e. 64% of the maximum number of 7,500 persons which can serve their sentence under the system at the same time) who could serve their sentences in non-custodial conditions. Since 2008, when the implementation of the system started, until now, almost 25,000 convicted persons served their sentences under the system, of whom 12,000 were persons who left penitentiary units. 2. I nsufficient or ineffective supervision of penitentiary judges over serving the penalty of deprivation of liberty The analysis of selected reports of penitentiary judges from pre-trial detention centres and prisons visited in the NPM in 201342 allows to conclude that penitentiary supervision still does not function properly. Apart from two visits43 of judges which concerned selected aspects of execution of the penalty of deprivation of liberty, other visits were comprehensive visits compliant with the scope of inspection defined in the Ordinance of the Council of Ministers of 26 August 2003 on the method, scope and procedure of exercising penitentiary supervision.44 Only 3 out of 9 reports from the visits of judges to penitentiary units45 included information about interviews with inmates during the visit and about the inspection of residential cells by the judge. Other reports included the description of living conditions without stating explicitly whether the description was based on the inspection of the unit. The analysis of personal background records of inmates constitutes the basis for verification of all issues covered by the visit (in particular in the units where no interviews with inmates took place). The right to complain was verified only statistically by quoting the data prepared by the penitentiary unit for the Central Board of Prison Service in the reports of the judges. Information from the working summary of the CPT’s visit to Poland in 2013, sent by the Committee to the National Preventive Mechanism for information. 42 Pre-Trial Detention Centre in Bytom, Pre-Trial Detention Centre in Bydgoszcz, Prison in Iława, Prison in Goleniów, Prison in Gdańsk-Przeróbka, Prison in Biała Podlaska, Prison in Kłodzko, Prison in Braniewo, Prison in Dębica. 43 Prison in Iława, Prison in Kłodzko. 44 Dz. U. No 152, item 1496, as amended. 45 Pre-Trial Detention Centre in Bydgoszcz, Prison in Braniewo, Prison in Biała Podlaska. 41 29

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