The Republic of Poland is one of the 89 States-Parties that have ratified the
Optional Protocol to the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, adopted by the United Nations General
Assembly in New York on 18 December 2002. Poland is also one of the 71
countries that have established their National Preventive Mechanisms to visit
places of detention.
The objective of the Protocol has been to introduce a system of regular visits
undertaken by independent international and national bodies to places where
people are deprived of their liberty. At the international level the UN Subcommittee
on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment has been established. At the national level, each State-Party is required
to establish its National Preventive Mechanism. The Protocol has been founded on
the assumption that the protection of people deprived of liberty against torture and
other cruel, inhuman or degrading treatment or punishment may be strengthened
by preventive non-judicial measures based on regular visits to places of detention.
According to the Protocol, a place of detention in a State-Party is defined as any
place under its jurisdiction and control where persons are or may be deprived of their
liberty, either by virtue of an order given by a public authority or at its instigation
or with its consent or acquiescence (Article 4(1) OPCAT). For the purposes of the
Protocol, deprivation of liberty means any form of detention or imprisonment or the
placement of a person in a public or private custodial setting which that person is not
permitted to leave at will by order of any judicial, administrative or other authority.
The definitions are very broad and, therefore, the visits cover a variety of places.
The present document constitutes the eleventh report on the activities of the
National Mechanism for the Prevention of Torture in Poland, required to be drawn up
and published by our country according to Article 23 of the OPCAT. I hope that the
authorities of the Republic of Poland as well as representatives of the civil society see
the need for comprehensive support for the system that protects the rights of persons
deprived of their liberty against prohibited forms of treatment. Experience shows that
there is a deep reason behind the visits conducted within the NMPT.
Hanna Machińska, Ph.D.
Deputy Commissioner for Human Rights
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