Part I the provision of Article 35 of the Regulation of the Minister of Justice of 23 June 2015 on administrative activities related to the enforcement of pretrial detention sentences as well as penalties and coercive measures resulting in deprivation of liberty, and on documenting such activities19. According to that provision, every person admitted to a penitentiary establishment, whose health condition poses an immediate risk to the person’s life or health, or who is 28 months pregnant or beyond, should be immediately provided with appropriate medical care. The regulation previously in force20 provided that a person in need of immediate medical care could not be admitted to a penitentiary establishment due to the existence of immediate risk to his/her life or health. The previous solution took into account the limited capacity of the penitentiary health care system which is unable to offer medical services as comprehensive as those provided by the general health care system. The current solution, in the opinion of the NMPT, may pose a serious threat to the health or lives of persons admitted to penitentiary establishments. As indicated last year, the arguments and serious objections to the newly introduced regulation, which were expressed by the Commissioner for Human Rights and by Prof. J. Heitzman, Vice-President of the Polish Psychiatric Association, were not taken into account by the Ministry of Justice. Therefore, there still remains the risk that a mentally ill person, for example with acute psychosis, may be admitted to a penitentiary unit. The NMPT’s employees will pay particular attention to the monitoring of the impact of the new regulations. 2. Living space per prisoner in a prison cell The issue is one of the most acute problems encountered with regard to living conditions in visited prisons and pre-trial detention centres. The living space per person in a prison cell/detention centre cell meets the minimum formal requirements set out in the national legislation (i.e. 3 m² per person). However, it is necessary to guarantee at least 4 m² of living space per prisoner/detainee in a  cell in a  penitentiary establishment. On 24 May 2016, the CHR submitted a  general intervention to the Minister of justice with regard to the issue, requesting relevant legislative changes21. The current 3m² standard existing in Poland is, in the Commissioner’s opinion, non-compliant with the international standards, Poland’s international obligations, Dz. U. of 2015, item 927. Dz. U. of 2012, item 1153. 21 CHR’s general intervention to the Minister of Justice of 24.05.2016, ref. no. KMP.571.5.2016. 19 20 21