Prisons and pre-trial detention centres
applicable regulations, they may be transferred to a closed prison. Therefore, constant
verbal disciplining of inmates in the said prisons is inadvisable, since it results in an
unjustified increase in severity of the deprivation of liberty.
4. Right of access to information
Some detainees and prisoners pointed out that they have not received comprehensive information about their rights and obligations during initial interviews with
supervisors.70 As a result of insufficient knowledge about the rules applicable in the
establishment, these persons sometimes breached the bans or orders in place, thus
placing themselves at risk of disciplinary measures. The representatives of the Mechanism are of the opinion that the obligation to inform detainees about their rights
and duties (Article 210 of the Executive Penal Code, § 9(2) and (3) of the Ordinance
of 25 August 2003 on organisational and order regulations on temporary detention)
cannot be treated narrowly only as presentation of regulations, but is much broader
and includes also the provision of appropriate guidelines and clarifications, taking
into account the intellectual abilities of inmates, their knowledge, education, etc.71.
During the visits, the representatives of the NPM also found the inappropriate practice of informing the prisoners about the results of their requests.72 In view
of the need to protect personal data of prisoners, the said practice must be eliminated and inmates must be informed about the results of their requests individually, orally or in writing, in line with the relevant regulations.73
5. Right to file complaints, requests, applications
In general, the Mechanism’s opinion on providing the prisoners with the possibility to exercise one of their basic rights was positive. In two visited establishments, the employees of the NPM found that the Prison Service officers failed to
fulfil the obligation of providing replies in writing to requests and applications
Prison in Rzeszów, Prison in Stargard Szczeciński, Prison in Chełm, Prison in Płock, Prison in
Warsaw-Białołęka.
71
Cf. S. Lelental, Kodeks karny wykonawczy. Komentarz [Executive Penal Code. Commentary], Warsaw 2010, p. 427; Z Hołda, K. Postulski, Kodeks karny wykonawczy. Komentarz [Executive Penal Code.
Commentary], Gdańsk 2005, p. 399.According to the European Prison Rules: At admission, and as often
as necessary afterwards all prisoners shall be informed in writing and orally in a language they understand
of the regulations governing prison discipline and of their rights and duties in prison. (Rule 30.1).
72
Placing the information about the results of request, along with personal data of prisoners, in the
corridors of the wards where the prisoners live (Prison in Czarne, Prison in Grodków), issue of collective lists with information about acceptance or refusal of the request, where identification numbers
of authors were provided instead of personal data (Prison in Nowy Wiśnicz).
73
See § 9(1) and (2) of the Ordinance of the Minister of Justice of 13 August 2003 on the method of
handling applications, complaints and requests of inmates of prisons and pre-trial detention centres
(Dz. U. No 151, imte 1467, as amended).
70
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