Prisons and pre-trial detention centres 7.  Living conditions Apart from the clear need to carry out ongoing repairs in the visited establishments, the representatives of the NPM noted the lack of cells adjusted to the needs of disabled persons. Since such persons may also serve custodial sentences in penitentiary establishments, the representatives of the NPM recommend adjusting at least one residential cell (in particular for a person on a wheelchair) to the needs of the disabled80. It should also be emphasized that the existence of a cell adjusted to the needs of the said category of prisoners does not fulfil the requirement of ensuring that such persons can serve a  custodial sentence. The closest infrastructure of the cells must also be adjusted to allow the inmates with reduced mobility to exercise their other rights referred to in the regulations on serving the punishment in the form of penitentiary isolation (right to visits, right to a walk, right to practice religion, right to cultural and educational classes). Compared to 2011, the number of cells accommodating more than one inmate, where sanitary areas were walled off, has increased. However, the representatives of the Mechanism still point to the need to wall off sanitary areas in their recommendations presented in the reports from visits to penitentiary units. The analysis of the implementation of the recommendation reveals two main systemic problems, namely, insufficient funds to cover the costs of renovation and the fact that separation of sanitary area results in the reduction of the living area of the cell. Another recommendation still occurring in the reports by the NPM is to equip upper bunk beds with ladders and safety rails. According to the representatives of the NPM, the lack of such elements may result in falls (i.a. of persons who did not reveal that they suffer from such conditions as epilepsy) and potential injuries of persons who climb the beds using available structures, which are not adjusted to such use, or who try to jump onto the bed. For persons with reduced physical fitness, it may be very difficult or virtually impossible to climb up to a bunk bed. The lack of such cells was found in Prison No 2 in Łódź, Pre-trial Detention Centre in Prudnik, Prison in Warsaw-Białołęka, Prison in Chełm, Prison in Grodków, Prison in Kwidzyn, Prison No 1 in Grudziądz, Prison in Oleśnica, Prison in Płock, Prison in Rawicz, Prison in Rzeszówe, Prison in Sztum, Prison in Siedlce. It is also worth mentioning that the European Court of Human Rights in Strasbourg in its judgment of 2006 in Vincent v. France (Application No 6253/03) ruled that to detain a handicapped person in a prison where he cannot move about and, in particular, cannot leave his cell independently, amounted to „degrading treatment” within the meaning of Article 3 of the European Convention on Human Rights. 80 41

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