introduction
Introduction
A ban on torture is absolute, thus no circumstances justify its use. The ban
results from both international law1 and the Constitution of the Republic of Poland.
It proves that nations undergo moral progress. Violation of freedom from torture,
inhuman and degrading treatment or punishment represents also violation of human dignity. In accordance with the case law of the European Court of Human Rights in Strasbourg, any state, irrespective of a complainant’s conduct, cannot shirk
compliance with this ban, even in time of war or other emergency threatening the
life of a nation2. This should be repeated and emphasised in the light of recent
discussions3.
The reason for introducing permanent monitoring of places of detention
is the fact that persons staying in such places, which are by definition closed to
the outside world, are more at risk of various malpractices. They can result from,
among others, state criminal policy, lack of funds to ensure suitable conditions,
inappropriately trained personnel or lack of an appropriate monitoring system.
The mechanism of regular visits to places of detention is therefore well-founded
and is considered one of the most effective measures to prevent torture and other
unlawful forms of treatment of persons deprived of their liberty. It complements
the judicial mechanism implemented in this respect by the European Court of Human Rights in Strasbourg.
The Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (OPCAT) establishes a system
of regular visits undertaken by independent international and national bodies to
places where people are deprived of their liberty. The UN Subcommittee for the
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2
3
Both the UN system for the protection of human rights and the European system prohibit
torture and inhuman or degrading treatment or punishment.
Case Ireland v the United Kingdom, Judgment of 18 January 1978.
On 24 July 2014, the Judgment of the European Court of Human Rights in Case No 28761/11
was announced. It found that CIA prisoners were held in Poland, and Poland itself violated,
among others, the ban on torture and inhuman treatment. It raised alarming voices in
Polish media and society about legitimacy of using torture in the event of a terrorist threat.
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