1. O
rganisation of the activities
of the National Mechanism
for the Prevention of Torture
In his letter of 18 January 2008, Undersecretary of State in the Ministry
of Justice, pursuant to the Council of Ministers Resolution No. 144/2005 of
25 May 2005, officially assigned to the Commissioner for Human Rights the
role of the National Preventive Mechanism within the meaning of Article 3
of the Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (hereinafter referred to
as the OPCAT). The protocol was adopted by the United Nations General
Assembly in New York on 18 December 2002. For the Republic of Poland, it
entered into force on 22 June 20069. According to Article 1(4) of the Act of
15 July 1987 on the Commissioner for Human Rights10 (hereinafter referred
to as the Act on the CHR), the Commissioner performs the function of the
visiting body for the prevention of torture and other cruel, inhuman or degrading treatment or punishment (the national preventive mechanism). The
function consists in conducting regular inspections to assess ways of treatment of persons deprived of liberty (Article 8(2) of the Act on the CHR).
During the inspections, the Commissioner may make audio or video recordings at places of detention, with the consent of persons whose voice or image
is going to be recorded. He may also meet with persons deprived of liberty,
without the presence of other persons, and with other persons expected to
provide relevant information (Article 13(1) of the Act on the CHR).
The National Preventive Mechanism constitutes one of the Departments
within the Office of the Commissioner for Human Rights11.
The NMPT Department is supported by employees of the Commissioner for Human Rights’ regional representative offices located in Gdańsk,
Wrocław and Katowice. Deputy Commissioner for Human Rights also regularly participates in the NMPT visits. It is also worth pointing out that since
Dz. U. of 2007, no. 30, item 192.
Consolidated text: Dz. U. of 2017, item 958.
11
Article 6 of the Appendix to Regulation no. 45/2015 of the Commissioner for Human Rights of
19 November 2015 adopting the Statutes of the Office for the Commissioner for Human Rights.
9
10
10