Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2013
2.3.4. Right of access to information
Some remand prisoners and first-time prisoners in the pre-trial detention centres
visited in 2013 pointed out that they have not received comprehensive information
about their rights and obligations during initial interviews with correction officers.70
2.3.5. Right to file complaints, requests, applications
In general, the opinion of the NPM representatives on providing the prisoners with the possibility to exercise one of their basic rights was positive. In
the previous year, the NPM representatives continued to verify how the inmates
were informed about the result of their requests. In several establishments, the
employees of the Mechanism revealed the practice incompliant with § 9(1) and
(2) of the Ordinance of the Minister of Justice on handling the applications, complaints and requests of inmates of prisons and pre-trial detention centres71 and
consisting in placing the information about the results of the inmates’ requests in
the corridors of residential wards72 or providing the information orally73. In view
of the need to protect personal data of prisoners, the said practice must be eliminated and inmates must be informed about the results of their requests individually, orally or in writing, in line with the relevant regulations.
2.3.6. Right to contact with the outside world
During the visits, the representatives of the NPM found that in 10 establishments there were no separate rooms where the reward stipulated in Article 138 §
1(3) of the Executive Penal Code, i.e. a visit in a separate room, without any supervising person present, could be provided. The lack of such a room in an establishment means that this reward cannot be granted, even if inmates meet all criteria
for obtaining the reward. A recommendation was made to assign such rooms in
all places lacking them.74
Pre-Trial Detention Centre in Bydgoszcz, Pre-Trial Detention Centre in Lubań
Dz. U. of 2013, item 647 (as from 5 June 2013). Previously: Dz. U. of 2003 No 151, item 1467, as amended.
72
Prison in Nysa.
73
Pre-Trial Detention Centre in Bytom, Pre-Trial Detention Centre in Chojnice, Pre-Trial Detention
Centre in Lubsko, External Ward in Przywary, Prison in Dębica, Prison in Krzywaniec, Prison in
Medyka. The reservations concerned the situation when a request was not examined immediately, but
after several days, in which case the reply to the inmate should be made in writing.
74
Pre-Trial Detention Centre in Bytom, Pre-Trial Detention Centre in Bydgoszcz, Pre-Trial Detention Centre in Częstochowa, Pre-Trial Detention Centre in Elbląg, Pre-Trial Detention Centre in
Lubsko, Pre-Trial Detention Centre in Szczytno, Pre-Trial Detention Centre in Szamotuły, External
Ward in Grodzisk Mazowiecki, Prison in Jastrzębie-Zdrój, Prison in Nysa.
70
71
37
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents