• Limited space hinders the performance of therapeutic activities and
may strengthen or deepen non-psychiatric mental disorders or mental
retardation that some prisoners may suffer from.
• Small living space also involves a higher risk of infectious diseases (e.g.
viral hepatitis, tuberculosis, scabies).
• Moreover, placing individuals in such constrained spaces entails a risk of
inhuman and degrading treatment, which collides with the international
obligations of Poland.
• Such treatment of prisoners is an affront to a modern European country
and significantly deviates from international standards.
• Both CPT as well as CAT have been calling on Polish authorities to
introduce changes in that regard.
• Failure to introduce them entails the risk of passing unfavourable rulings
against Poland by the European Court of Human Rights in Strasbourg.
• In such a situation, also the risk of paying compensation adjudicated to
prisoners by Polish courts is on the rise.
• European courts examining the request of a Polish court to apply the
European Arrest Warrant (EAW) will be able to postpone the execution
of the warrant, if they assume that there is a risk of degrading treatment
of a prisoner in Poland due to insufficient living space in a cell.
Prisoners’ body searches should be subject to court’s assessment
Request that was submitted in 2016 by the Commissioner for Human Rights
to the Constitutional Tribunal to ascertain the non-compliance of Article 116 (6)
of the Executive Penal Code in conjunction with Article 7 (1) of the Executive
Penal Code with the Constitution in the scope, in which it does not provide for
the issuance of a decision concerning a body search performed on a prisoner, is
still awaiting consideration (court’s file no. K 5/16)
Despite NMPT’s appeals, the legislator did not decide to amend provisions
in that scope. The Minister of Justice informed the Commissioner that work is
in progress in the National Headquarters of the Prison Service with respect to
the development of comprehensive procedures aimed at specifying in which
Report of the Commissioner for Human Rights on the activities
of the National Mechanism for the Prevention of Torture in Poland in 2018
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