The national law, which was applicable in practice, failed to provide
detainees with an effective appeal measure allowing them to challenge the decision concerning the performance of a body search.
Given the lack of such an effective appeal measure, it is difficult to
ensure, at the national level, the obligation to sufficiently justify body
searches or searches with undressing103.
Failure to adapt prison facilities to the needs of persons with physical disabilities
NMPT will soon present a thematic report on the matter
The NMPT has drawn up a thematic report assessing penitentiary
establishments’ adaptation to the needs of persons with physical and sensory
disabilities. The findings of the thematic monitoring leave no doubt that the
process of eliminating architectural barriers and introducing other solutions
serving the needs of prisoners with disabilities, still constitutes a challenge for
the penitentiary establishments in Poland.
As mentioned at the beginning of this chapter, two visits performed by the
NMPT were, in fact, re-inspections during which the mechanism’s representatives
verified the implementation level of their recommendations issued as a result of
the previous visits in the PTDC in Lublin and the prison in Bydgoszcz - Fordon.
It is worth mentioning that both establishments were designated as places for
serving punishments by prisoners in wheelchairs. Despite the unquestionable
progress observed by the inspectors with respect to the improvement of
the conditions of serving the sentence by persons with physical and sensory
disabilities in those institutions, there are still areas to be improved in order to
more strongly guarantee the protection of the rights of this group of prisoners.
Judgement in the case Milka v. Poland of 15 September 2015, application no. 14322/12,
Art. 30 and 48.
103
Report of the Commissioner for Human Rights on the activities
of the National Mechanism for the Prevention of Torture in Poland in 2018
63
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