1. F reedom from torture and other
inhuman or degrading treatment
or punishment
The prohibition of torture and other inhuman or degrading treatment or
punishment is absolute and unconditional. It is enshrined in Article 40 of the
Constitution of the Republic of Poland of 2 April 1997, according to which
no one shall be subjected to torture or other inhuman or degrading treatment
or punishment. The application of corporal punishment shall be prohibited.
It is also provided for in key documents of international law, including the
Universal Declaration of Human Rights of 1948248, the Geneva Conventions
of 1949249, the European Convention on Human Rights of 1950250, the International Covenant on Civil and Political Rights of 1966251, the American
Convention on Human Rights of 1969252, the African Charter on Human and
Peoples’ Rights of 1981253, and the Inter-American Convention to Prevent
and Punish Torture of 1985.254
In the European system of protection of human rights, the issue of freedom from torture and other inhuman treatment is regulated, in particular,
by the European Convention for the Protection of Human Rights and Fundamental Freedoms which was signed by Poland in 1991 and entered into
Article 5: No one shall be subjected to torture or to cruel, inhuman or degrading treatment punishment.
249
Article 3: (…) To this end, the following acts are and shall remain prohibited at any time and in any
place whatsoever with respect to the above-mentioned persons: a) violence to life and person, in particular
murder of all kinds, mutilation, cruel treatment and torture; b) taking of hostages; c) outrages upon personal dignity, in particular humiliating and degrading treatment; (…).
250
Article 3: No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
251
Article 7: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
In particular, no one shall be subjected without his free consent to medical or scientific experimentation.
252
Article 5(2): No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or
treatment. All persons deprived of their liberty shall be treated with respect for the inherent dignity of the
human person.
253
Article 5: Every individual shall have the right to the respect of the dignity inherent in a human being
and to the recognition of his legal status. All forms of exploitation and degradation of man, particularly
slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.
254
Article 1: The State Parties undertake to prevent and punish torture in accordance with the terms of
this Convention.
248
88
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