No one shall be subjected to torture or to inhuman or degrading treatment or punishment The European Convention on Human Rights, Article 3 The prohibition of torture is absolute and unconditional, and there exist no circumstances under which torture may be justified. The prohibition arises from international law as well as the Polish Constitution, and reflects the moral progress of nations. Any violation of the freedom from torture and other inhuman or degrading treatment or punishment constitutes, at the same time, an assault on human dignity. According to the case-law of the European Court of Human Rights in Strasbourg, the state, regardless of complainant’s attitude, may not evade compliance with this prohibition, even at times of war or any other threat to national security. This should be strongly reiterated in the light of the recent discussions. This document constitutes the latest report of the National Mechanism for the Prevention of Torture (NMPT), a group of specialists who monitor the situation in places where people are deprived of their liberty irrespective of their will. The specialists are experts of the Office of the Commissioner for Human Rights who, by visiting such places, since 2008 have been fulfilling our country’s obligations under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter referred to as the OPCAT) signed and ratified by Poland. I hope that you will find the present Report of the Polish Commissioner for Human Rights on the activities of the National Mechanism for the Prevention of Torture in 2018 an important source of information and that it will contribute to improving the operation of different types of places of detention in our country. Adam Bodnar, Ph.D. Commissioner for Human Rights Report of the Commissioner for Human Rights on the activities of the National Mechanism for the Prevention of Torture in Poland in 2018 5

Select target paragraph3