Pa r t i I .
dards, out of use, increasing frequency of bathing per week and training officers
on stress management as well as fundamental rights and obligations of inmates.
The representatives of the NPM found during their revisit that the recommendation to improve living conditions was fulfilled, but only partially. Nevertheless, it is worth noting that renovation work was in progress as part of the recommendations. Additionally, the second bath in a week was introduced and appropriate training for PS officers was held
10. Cases of torture in police establishments identified by a court
In accordance with Article 1 of the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment adopted by the General
Assembly of the United Nations on 10 December 1984234, the term “torture” means
any act by which severe pain or suffering, whether physical or mental, is intentionally
inflicted on a person for such purposes as obtaining from him/her or a third person
information or a confession, punishing him/her for an act he/she or a third person has
committed or is suspected of having committed, or intimidating or coercing him/her or
a third person, or for any reason based on discrimination of any kind, when such pain
or suffering is inflicted by or at the instigation of or with the consent or acquiescence of
a public official or other person acting in an official capacity. It does not include pain or
suffering arising only from, inherent in or incidental to lawful sanctions.
While visiting different types of places of detention, the representatives of
the NPM found no evidence for torture against inmates. However, this does not
mean that such incidents do not take place in Poland. This conclusion stems from
the analysis of court judgments issued in cases concerning the crime referred to
in Article 246 of the Penal Code, which stipulates that a public official or anyone acting under his/her orders for the purpose of obtaining specific testimony, explanations,
information or a statement, uses force, unlawful threat, or otherwise torments another
person either physically or psychologically shall be subject to the penalty of deprivation of liberty for a term of between 1 and 10 years. The representatives of the NPM
analysed the information on persons finally sentenced under this Article of the
Penal Code which was provided by the Information Office of the National Criminal
Register.
Dz.U. of 1989, No 63, item 378; encl.
234
69
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