Report of the Polish Commissioner for Human Rights on the Activities of the National Mechanism for the Prevention ...
ures are used. He also emphasized that he carefully analysed the Mechanism’s recommendations so as to ensure that all penalties as well as preventive, security and corrective measures are carried out in a humane manner
respecting the dignity of persons deprived of their liberty. To illustrate the
understanding of the problems indicated by the CHR and the appreciation
of their significance and complexity, the Secretary of State pointed to the
establishment, by way of Regulation of 29 April 2016, of the Task Force for
developing solutions to reform the country’s Prison Service. The Task Force,
as a body providing support to the Minister of Justice, is reviewing and assessing the functioning of the Act of 9 April 2010 on the Prison Service30
with regard to the enforcement of the penalty of imprisonment, and is developing solutions to reform the Prison Service. However, the correspondence
with the representative of the Ministry of Justice does not clearly indicate
that the changes in this truly important area are going to be introduced in
the near future. Therefore, the CHR will continue to monitor the problem of
insufficient living space per prisoner in prison cells.
3. Dealing with persons with physical disabilities in penitentiary
establishments
The NMPT visits showed that none of the establishments indicated by
Director General of the Prison Service31 as institutions where persons with
disabilities are placed ensures conditions for fully independent functioning
of prisoners who have to cope with their physical or sensory disabilities.
Based on the results of the NMPT visits conducted jointly with representatives of the foundation Polska Bez Barier (Poland Without Barriers)32,
Deputy Commissioner for Human Rights, in his general intervention of
24 January 201733 requested Director General of the Prison Service to update
the Ordinance no. 30/15 of 1 July 2015 determining the intended purpose of
prisons and pre-trial detention centres. In the CHR’s opinion, the ordinance
Dz. U. of 2010, no. 79, item 523 as amended.
Cf. Appendix to the Ordinance no. 30/15 of 1 July 2015 determining the intended purpose of prisons and
pre-trial detention centres, and the preceding Ordinance no. 55/13 of Director General of the Prison Service
of 20 December 2013 determining the intended purpose of prisons and pre-trial detention centres.
32
During the visits, the foundation’s employees who, on daily basis, use wheelchair verified the actual
adjustment of the penitentiary establishments to the needs of persons with disabilities. The CHR’s thematic report summarizing the findings of the visits is under development.
33
Deputy CHR’s general intervention no. KMP.571.2.2017 of 24.01.2017 to Director General of the
Prison Service.
30
31
24
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