Part II
Poland ratified OPCAT in 2005282. The country’s national preventive
mechanism was established in 2008. The role was entrusted to the Commissioner for Human Rights who, pursuant to Article 1(4) of the Act of 15
July 1987 on the Commissioner for Human Rights283 holds the function of
the visiting body for the prevention of torture and other cruel, inhuman or
degrading treatment or punishment (the national prevention mechanism).
Accordingly, the Department for the National Mechanism for the Prevention of Torture (hereinafter: the NMPT), operating within the structure
of the CHR Office, conducts unannounced preventive visits to all types of
places of detention. In the period 2008 - 2016 the NMPT representatives
visited a total of 934 such places.
Based on to-date experience of the NMPT activities in Poland it can be
concluded that undoubtedly, regular visits to places of detention constitute
an effective method of preventing torture and other forms of ill-treatment.
Discussions with managers and staff members of the visited establishments
and problems indicated by them frequently provided a basis for initiating
a dialogue with relevant state authorities on improving the situation in the
facilities. Moreover, the possibility of unannounced inspection visits by an
external entity may have a significant deterrent effect. Visits by independent
experts also enable first-hand consideration and examination of the case,
without the need to use intermediaries.
Finally, it should be emphasized that the role of the national preventive
mechanism is not only to identify violations, but also to constructively cooperate with all entities responsible for the functioning of places of detention. This approach undoubtedly allows to implement long-lasting improvements.
Dz. U. of 2007 no. 30, item 192.
Dz. U. of 2014, item 1648.
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283
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