Limited living space for prisoners in cells
Regrettably, despite efforts made by the Mechanism to increase the living
space available to each prisoner in a cell described in the annual report for
2017, the Ministry of Justice fails to notice the need to implement a relevant
change.
In accordance with Polish law minimum 3 m2 of living space need to be
ensured to every prisoner in a cell. The law also provides for the possibility to
go below that standard93, even though one is not able to normally function in
such conditions. The Polish norm fails to comply with international standards
and practices that are in place in most European countries.
Living space in a cell in selected European COUNTRIES:
• France - from 4,7 to 9 m2,
• Great Britain – from 4,5 to 7 m2,
• Spain- from 9 to 10 m2,
• Italy - from 7 to 9 m2,
• Poland – 3 m2
Since 1996 the European Committee for the prevention of torture and
inhuman and degrading treatment or punishment (CPT)94 as well as the
UN Committee against Torture (CAT)95 have been arguing for ensuring at
least 4m2 of living space in cells in Poland. During the first visit of the UN
Subcommittee on the Prevention of Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment (SPT) that was held between 9 and 18
of July 2018 delegation members also highlighted the problem of living space
in a cell available to each prisoner, that has not been solved for dozens of
years. In the view of delegation members, such limited living space fails short
of European standards.
Article 110 of the Act of 6 June 1997 Executive Penal Code (Dz.U. of 2018, item 652; consolidated text).
94
S. CPT report from the visit to Poland in 2013, CPT/Inf (2014) 21, Art. 7-8, 41-42.
95
Cf. Committee’s remarks on the V and VI periodic report on Poland’s implementation of the
provisions of the UN Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, CAT/C/POL/CO/5-6, Art. 19.
93
Report of the Commissioner for Human Rights on the activities
of the National Mechanism for the Prevention of Torture in Poland in 2018
59
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