Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2013
All opinions on draft legal acts were published on the website.
Comments were made to the following draft legal acts:
1. draft Act of the Minister of Justice amending the Act – Penal Code and certain other acts as at 14 January 2013;19
2. draft Ordinance of the Minister of Justice on the conditions to be met by security cell and isolation room, the period of storage, the method of archiving or disposal of documentation on persons placed in a security cell and an
isolation room, as well as the form of its documentation and conditions and
organisation of placement of persons in a security cell or an isolation room;20
3. draft Ordinance of the Minister of Justice on living conditions of inmates of
prisons and pre-trial detention rooms.21
No reservations were made with regard to the following draft legal acts:
1. draft Act on proceedings related to persons with mental disorders who create a threat to life, health or sexual freedom, in its version from 11 April
2013;
2. draft Ordinance of the Minister of Justice amending the Ordinance on juvenile detention centres and juvenile shelters.
10. Torture
Pursuant to Article 1 of the Convention against Torture and other cruel, inhuman, or degrading treatment or punishment, adopted by the United Nations
General Assembly on 10 December 198422, “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on
a person for such purposes as obtaining from him or a third person information
or a confession, punishing him for an act he or a third person has committed or is
suspected of having committed, or intimidating or coercing him or a third person,
or for any reason based on discrimination of any kind, when such pain or suffering
is inflicted by or at the instigation of or with the consent or acquiescence of a public
official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.
See:
http://www.rpo.gov.pl/pl/content/uwagi-do-projektu-ustawy-o-zmianie-ustawy-kodekskarny-oraz-niekt%C3%B3rych-innych-ustaw-w-wersji
20
See: http://www.rpo.gov.pl/pl/content/uwagi-do-projektu-rozporz%C4%85dzenia-ministra-spra
wiedliwo%C5%9Bci-w-sprawie-warunk%C3%B3w-jakimi-powinna
21
See: http://www.rpo.gov.pl/pl/content/uwagi-do-projektu-rozporz%C4%85dzenia-ministra-spra
wiedliwo%C5%9Bci-w-sprawie-warunk%C3%B3w-bytowych-os%C3%B3b
22
Dz. U. of 1989 No 63, item 378.
19
18
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