Report of the Human Rights Defender on the activities of the National Preventive Mechanism in Poland in 2013
amendments to the Act on proceedings in juveniles cases or in the Executive Penal Code (with respect to persons subject to a preventive measure), the failure to
resolve the problem of placing the persons “to sober up” in the Police detention
rooms. The last problem is of particular importance, since deaths of such persons
in the Police detention rooms were reported, mainly due to the lack of appropriate
health care, similar to care provided in sobering-up stations. In 2013, those issues
were the subject of numerous letters of the Defender to the competent ministers2
and the subject of two motions to the Constitutional Tribunal3.
Unfortunately, as in the previous years, there are situations in the places of detention that may be considered inhuman or degrading treatment or punishment.
The experience proves that the visits under the National Preventive Mechanism
are important for prevention and should be intensified. However, this will only be
possible when sufficient financial and human resources appropriate for the tasks
are allocated for the activities of the National Preventive Mechanism. With her
current personnel (13 persons) and given the number of places of detention (approximately 1800) within the meaning of Article 4 of OPCAT4, the Human Rights
Defender is unable, despite the great commitment of her employees, to ensure that
the minimum international standards on the frequency of visits are met5. Given
the UN standards, the NPM Department should consist of 38 employees, proportionally to the number of places to be visited in Poland.
The Report has been divided into two parts. The first one discusses the organisational issues regarding the functioning of the NPM, activities in cooperation
with other entities, both at the national and at the international level, identified
instances of torture and presents the assessed legal acts. The second part of the
Report includes a description of the methodology of work and conclusions from
visits carried out in the analysed year, broken down by specific types of places of
detention.
2
http://www.rpo.gov.pl/pl/content/raport-rpo-z-dzia%C5%82alno%C5%9Bci-w-polsce-kmp-wroku-2012-0
3
http://www.rpo.gov.pl/pl/content/wnioski-do-trybuna%C5%82u-konstytucyjnego
4
Pursuant to Article 4(1) of the OPCAT, it is any place under its jurisdiction and control where
persons are or may be deprived of their liberty, either by virtue of an order given by a public authority
or at its instigation or with its consent or acquiescence.
5
According to the UN Special Rapporteur on torture, ad hoc preventive visits under the NPM
should be carried out once in several months, and comprehensive visits once in five years. According
to minimum standards defined by the APT, comprehensive visits to organisational units of the Police,
pre-trial detention centres and to places of detention of people particularly vulnerable to threats or
aggression, such as women and foreigners, should be carried out at least once a year.
6