Pa r t i I .
prisoners have not improved substantially. Visits carried out by the representatives
of the Mechanism in 2014 proved that day rooms provided with table tennis and
televisions are a fundamental base of cultural and educational activities. Besides
the foregoing, there are actually no other activities that would be offered for remand prisoners outside their residential cells.
3. Frequency of showers for men
The issue of insufficient frequency of showers was indicated in reports of
the HRD on the activities of the NPM in 2012 and 2013. Due to the unsatisfactory
position of the Ministry of Justice in this respect, the HRD filed a request29 with
the Constitutional Court on 3 July 2014 to declare unconstitutionality of the first
sentence of § 32(4) of the Ordinance of the Minister of Justice of 25 August 2003
on organisational and order regulations for serving prison sentences30 and the first
sentence of § 30(3) of the Ordinance of the Minister of Justice of 25 August 2003 on
organisational and order regulations for serving prison sentences31 in relation to
Article 4 § 1, Article 102(1) and Article 249 § 1 of the Executive Penal Code, Article
40 in conjunction with Article 41(4) and the first sentence of Article 92(1) of the
Constitution of the Republic of Poland.
The Defender is of the opinion that the standard of one shower a week for
men cannot be assessed as suitable for maintaining health. Moreover, in the light of international regulations and national cultural and social standards, such
low frequency of showers cannot also be considered fully humane treatment. As
a matter of fact, the adopted regulation does not respect, as recognised by the
HRD, the minimum needs of every human being defined by reference to average
standards of living in Polish society.
It is also worth pointing out that, upon filing the request with the Court,
the number of penitentiary establishments, which ensured two showers a week
to men deprived of their liberty, has substantially increased. Data contained in the
letter of the Director General of the Prison Service of 16 December 2014 reveal that
only five establishments at the end of last year did not ensure the second shower.
On 31 March 2015, the Constitutional Court ruled that the provisions contested by the Defender comply with the cited constitutional models.
https://www.rpo.gov.pl/pl/content/wniosek-do-trybuna%C5%82u-konstytucyjnego-w-spra
wie-cz%C4%99stotliwo%C5%9Bci-k%C4%85pieli-m%C4%99%C5%BCczyzn
30
Dz.U. No 152, item 1494.
31
Dz.U. No 152, item 1493.
29
19
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