Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2013 If the visitors discover torture or inhuman, degrading treatment or punishment, the visitors file a notification of a suspicion of a crime following the visit. In each case, the victim must consent to having his/her personal data revealed and to referring the case to law enforcement bodies. In drastic cases, it is admitted to depart from the rule, and the decision is made personally by the Human Rights Defender who signs the notifications of a suspicion of a crime. If the victim does not consent to report the case to the law enforcement agencies, and in the opinion of the visiting team the possible inappropriate behaviour is not drastic, the visiting team treats the information obtained as reports which may point to inappropriate treatment of detainees and requests the directors of the establishments to explain the situation and present their conclusions. The situation is different when information about torture, inhuman or degrading treatment or punishment is derived from documents or CCTV footage, not directly from the victims. In such case, the visiting team does not have to request consent for referring the case to law enforcement bodies and each time draw up a notification about a suspected crime. 2. Prisons and pre-trial detention centres 2.1. Introduction According to the annual schedule, visits covered a total of 29 penitentiary units, including 14 prisons27, 11 pre-trial detention centres28 and 4 external wards of prisons29. In 2013, thematic visits were continued, with their aim being to examine the observance of the rights of prisoners serving the penalty of imprisonment in the therapeutic system for inmates with non-psychotic mental disorders (3 establishments30) and the rights of remand prisoners (9 establishments31). None of the visits was a recontrol. Prisons: Żytkowice, Dębica, Braniewo, Wrocław No 1, Gdańsk-Przeróbka, Nysa, Iława, Goleniów, Jastrzębie-Zdrój, Kłodzko, Krzywaniec, Medyka, Biała Podlaska, Grudziądz No 2. 28 Pre-trial detention centres: Bydgoszcz, Świdnica, Częstochowa, Elbląg, Chojnice, Białystok, Lubań, Szamotuły, Lubsko, Szczytno, Bytom. 29 External wards: Pionki, Czersk, Grodzisk Mazowiecki, Przywary. 30 Prisons: Goleniów, Iława, Kłodzko. 31 Pre-trial detention centres: Lubsko, Szamotuły, Białystok, Lubań, Szczytno, Bytom, Chojnice, Świdnica, Prison No 1Wrocław. 27 24

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