Introduction
Human dignity, as well as human life and health, require special protection in
the case of deprivation of liberty.
The Republic of Poland is one of 68 States-Parties that ratified the Optional
Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter: the OPCAT or Protocol), adopted by
the General Assembly of the United Nations in New York on 18 December 2002.
Poland is also one of 47 countries that have designated their National Preventive
Mechanisms1 to visit the places of detention.
The objective of the Protocol is to establish a system of regular visits carried
out by independent international and national bodies to all places where persons
are deprived of their liberty. The aim of these measures is to prevent torture and
other cruel, inhuman or degrading treatment or punishment.
Torture is one of the gravest violations of fundamental human rights. In spite
of the fact that there is a general ban on torture in the international law, it is still
used. Regular visits to places of detention are considered to be one of the most effective measures for prevention of torture and other prohibited forms of treatment
of inmates. As a non-judicial control mechanism, the visits are to supplement the
court control system, managed in this respect by the European Court of Human
Rights in Strasbourg.
It is of utmost importance that such visits are carried out in Poland. The year
2012 was the fifth year when the Human Rights Defender performed the tasks of
the National Prevention Mechanism. Despite scarce human resources, the representatives of Human Rights Defender visited 124 various detention centres across
the country, including prisons, rooms for detained persons, sobering-up stations
or social care centres. The places were selected taking into account their type, size
and location in the country. All available information on the problems of individual institutions was also taken into consideration.
Presenting the fifth report on the activities of the National Preventive Mechanism, I would like to emphasize that no instances suggesting the use of torture
have been found in the territory of the Republic of Poland. Unfortunately, there
are situations in the places of detention that may be considered inhuman or degrading treatment or punishment. The experience proves that the visits under the
National Preventive Mechanism are important for prevention and should be in Data as of 23 May 2013 – www.apt.ch/opcat
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