Part II
behaved peacefully: they did not resist the police officers, answered questions during the interrogations, there was no need to use direct coercion.
The officers convicted under Article 246 of the PC from the very beginning were seeking confrontation. They used violence against the detainees
without warning, and the victims were handcuffed and could not defend
themselves.
The brutality and intimidation experienced by the victims of torture has
definitely influenced their decision not to file a formal notification of a suspected crime. Only one of the detainees requested a medical examination
and then filed a notification of a suspected crime to the prosecutor’s office.
In the other cases, the proceedings were initiated by the victims’ relatives.
In the analysed cases, the penalties adjudicated by the courts were suspended. In two cases, the court adjudicated the prohibition to work as police
officer for 2 years.
The above mentioned cases clearly demonstrate there are instances of
use of torture in Poland, despite the fact that the crime of torture is not
provided for in the Penal Code The acts committed against the detained
persons by the police officers can be classified as torture in the meaning of
Article 1 of the Convention. The NMPT hopes, therefore, that the proposed
safeguards aimed at protecting the citizens against such risks, as set out in
the intervention of the Commissioner for Human Rights to the Minister of
Justice of 18.04.2017, will be fully accepted289.
More information on the subject is available from the CHR’s general intervention to the Minister of
Justice of 18.04.2017, ref. no. KMP.570.3.2017.
289
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